Madras High CourtCRL OP(MD)/16250/2018allowed

Senthilkumar v. The Inspector Of Police

2019-04-29Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.16250 of 2018 and Crl.M.P.(MD)Nos.7216 and 9752 of 2018 1.Senthil Kumar 2.K.Ponnusamy : Petitioners/Accused 1 and 2 Vs.

1.The Inspector of Police, Kulithalai Police Station, Kulithalai (Crime No.155 of 2018) :1st Respondent/Complainant 2.Meena : 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the FIR in Crime No.155 of 2018 dated 26.03.2018 pending on the file of the first respondent and quash the same as illegal insofar as the petitioners are concerned.

For Petitioners : Mr.I.Vel Pradeep For R-1 : Mr.V.Neelakandan, Additional Public Prosecutor.

For R-2 : Mr.Anandapadmanaban

ORDER

The present petition is filed to quash the proceedings in Crime No.155 of 2018 dated 26.03.2018 pending on the file of the first respondent.

2. This Court earlier referred this matter to the Mediation and Conciliation Center attached to this Bench, wherein the issue between the parties is settled amicably and the Mediation Centre has also sent its report to this Court.

5. Under such circumstances, no useful purpose will be served in keeping the proceedings pending, even though, the offence involved is compoundable in nature, since the matter is settled before Mediation. In the light of the guidelines given by the Hon'ble Supreme Court reported in the State of Madhya Pradesh Vs. Laxmi Narayan & Others [CDJ 2019 SC 264] and Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath [(2017) 9 SCC 641], this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the https://hcservices.ecourts.gov.in/hcservices/

proceedings in Crime No.155 of 2018.

6. This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.155 of 2018 on the file of the learned Judicial Magistrate No.II, Trichirappalli is quashed and the report of the Mediation Centre shall form part of this order. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Encl:Xerox Copy of Mediation Report dated 23/04/2019. To 1.The Inspector of Police, Kulithalai Police Station, Kulithalai.

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

+1cc to Mr.N.ANANTHA PADMANABAN, Advocate, SR.No. 63947 Crl.O.P.[MD]No.16250 of 2018 29.04.2019 ta KK/SAR/06.06.2019/2P-4C https://hcservices.ecourts.gov.in/hcservices/