Vishunukumar @ Vishunu v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.15642 of 2018

1. Vishnukumar @ Vishnu

2. Kumaresan

3. Esakkimuthu

4. Jeyamurugan

5. Esakkimuthu 6.Sathiaraj

7. Raskutty

8. Ananth : Petitioners Vs.

1. The State rep.by, The Inspector of Police, Kurumbur Police Station, Thoothukudi City.

(Crime No.92 of 2015)

2. Murugesan : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records pertaining to the charge sheet in C.C.No.487 of 2015 on the file of the learned Judicial Magistrate, Srivaikundam, Thoothukudi District and quash the same. For Petitioners : Mr.Manthira lingeswaran For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R2 : Mr.R.Ramachandran

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.487 of 2015 on the file of the learned Judicial Magistrate, Srivaikundam, Thoothukudi District for an offences under Sections 147, 294(b), 323, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act.

2. The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A Joint Memo of Compromise have been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. The parties have produced the copies of the Aadhaar Card which are made part of the record. This https://hcservices.ecourts.gov.in/hcservices/

Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the proceedings in C.C.No.487 of 2015.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.487 of 2015, on the file of the learned Judicial Magistrate, Srivaikundam, Thoothukudi District , is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.250/- (Rupees Two Hundred and Fifty only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry, Madurai Bench), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar (CS-I) Encl.: Xerox copy of Compromise Memo To

1. The Judicial Magistrate, Srivaikundam, Thoothukudi District.

2. The Inspector of Police, Kurumbur Police Station, Thoothukudi City.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy To:- The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO Mr.S.MANDHIRALINGESWARAN, ADVOCATE IN SR No. 81979 AAV TE/RSK/SAR-1 : 24/09/2018 : 2P/6C Crl.O.P.[MD].No.15642 of 2018 03.09.2018 https://hcservices.ecourts.gov.in/hcservices/