Madras High CourtCRL OP(MD)/17469/2018allowed

Vijayakumar v. Subhadra

2018-09-28Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD]No.17469 of 2018 Vijayakumar : Petitioner Vs.

Subhadra : Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to quash the impugned complaint made in M.C.No. 4 of 2015 on the file of the Judicial Magistrate, Bodinayakanur For Petitioner : Mr.Sakthivel For Respondent : Mr.K.K.Kannan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in M.C.No. 4 of 2015 on the file of the learned Judicial Magistrate, Bodinayakanur.

2. The case is still in the stage of investigation. 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 . 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 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 M.C.No.4 of 2015 .

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in M.C.No. 4 of 2015 on the file of the learned Judicial Magistrate, Bodinayakanur, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Sd/- Assistant Registrar(T&P) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub Assistant Registrar(CS-IV)

Encl: Xerox copy of Joint Compromise Memo To The Judicial Magistrate, Bodinayakanur.

+2CC to Mr.K.K.Kannan, Advocate, SR.No.87737 Crl.O.P.[MD]No.17469 of 2018 28.09.2018 AAV ES/RP/SAR 4/13.11.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/