Rajendren v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.16602 of 2018 Rajendran : Petitioner Vs.
1. The State Rep. by The Sub Inspector of Police Thuraiyur Police Station Tiruchirapalli District (Crime No.240 of 2014)
2. Alamelu : Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the charge sheet in C.C.No.100 of 2017 u/s.294(b), 323 of IPC on the file of the Judicial Magistrate, Thuraiyur and quash the same as against this petitioner.
For Petitioner : Mr.R.S.Sivaram For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R2 : Mr.Ramakrishnan
ORDER
The Criminal Original Petition has been filed to quash the proceedings in C.C.No.100 of 2017 u/s.294(b), 323 of IPC on the file of the Judicial Magistrate, Thuraiyur.
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 petitioner and the second respondent and also by their respective counsel. The parties were also present before the Court and they were identified by Mr.Kumar ,SSI of Police. This 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 https://hcservices.ecourts.gov.in/hcservices/
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.100 of 2017.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.100 of 2017 on the file of the Judicial Magistrate, Thuraiyur , is quashed insofar as the petitioner herein is concerned and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.500/- (Rupees Five hundred only) as costs, to the credit of the "Rojavanam, Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High court, Madurai 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 (AS) // True Copy // Sub Assistant Registrar(CS-IV) Encl. Joint Compromise Memo.
TO
1. THE SUB INSPECTOR OF POLICE THURAIYUR POLICE STATION TIRUCHIRAPALLI DISTRICT 2.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO 1.
THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2.
ROJAVANAM, HOME FOR AGED AND POOR, MELOURE MAIN, ULAGANERI, MADURAI.
+1 CC To MR.R.S.SIVARAM, Advocate SR. NO. 88449 Crl.O.P.[MD].No.16602 of 2018 03.10.2018 AAV TR/SKN-RSK/SAR-IV(01.11.2018)2P 6C https://hcservices.ecourts.gov.in/hcservices/