Inbam v. The Deputy Superintendent Of
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.15531 of 2018 1.Inbam 2.Deivendran 3.Arunbabu : Petitioners/Accused 1 to 3 Vs.
1. State represented by The Deputy Superintendent of Police Kadupatti Police Station Madurai District in Crime No.112 of 2014.
: Respondent No.1/Complainant
2. Chandrasekar : Respondent No.2/ Defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in Spl.S.C.No. 26 of 2016 pending on the file of the learned III Additional District and Sessions Judge for PCR cases, Madurai and quash the same against the petitioners. For Petitioners : Mr.R.Mathiyalagan For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.P.Manimaran
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Spl.S.C.No. 26 of 2016 on the file of the learned III Additional District and Sessions Judge for PCR cases, Madurai, for an alleged offences under Sections 326, 323 and 506(ii)of IPC r/w.3 (1)(r)(s) and 3(2)(v) of SC/ST Amendment Ordinance Act 2014.
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 has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. The parties were also present before the Court and they were identified by Mr.P.Arul Pandi, SSI of Police and they have also produced the copies of the Aadhaar Card which are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable https://hcservices.ecourts.gov.in/hcservices/
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 Spl.S.C.No. 26 of 2016 .
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No. 26 of 2016, on the file of the learned III Additional District and Sessions Judge for PCR cases, Madurai, 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.750/-(Rupees Seven 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 (Writs) /True Copy/ Sub Assistant Registrar (CS-II) Encl.: Xerox copy of Compromise Memo To
1. The III Additional District and Sessions Judge for PCR cases, Madurai.
2. The Deputy Superintendent of Police, Kadupatti Police Station, Madurai District.
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.R,MATHIYALAGAN, ADVOCATE IN SR No. 81876 AAV TE/RSK/SAR-2 : 20/09/2018 : 2P/5C Crl.O.P.[MD].No.15531 of 2018 03.09.2018 https://hcservices.ecourts.gov.in/hcservices/