Uicottan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.16449 of 2018 1.Uicottan 2.Durai

...Petitioners

Vs.

1.The Sub Inspector of Police, Thalaiythu Police Station, Thalaiyuthu, Tirunelveli District, (Crime No.7 of 2018) 2.S.Muthukumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C. to quash the charge sheet file by the 1st respondent police in C.C.No.77 of 2018 pending on the file of the Judicial Magistrate Court No.3, Tirunelveli.

For Petitioner : Mr.N.Pragalathan For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R2 : Mr.K.Muthurakkan

ORDER

This Criminal Original Petition has been filed to quash the charge sheet in C.C.No.77 of 2018 on the file of the learned Judicial Magistrate Court No.3, Tirunelveli.

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 has been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and their Adar Card were identified by Mr.Iyadurai, SSI of Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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4. Under such circumstances, no useful purpose will be served in keeping C.C.No.77 of 2018 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 C.C.No.77 of 2018.

5. This Criminal Original Petition stands allowed accordingly.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-IV) Encl: Xerox copy of Joint Compromise Memo To 1.The Judicial Magistrate No.3, Tirunelveli.

2. Sub Inspector of Police, Thalaiythu Police Station, Thalaiyuthu, Tirunelveli District, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to Mr.N.Pragalathan, Advocate, SR.No.84231 Crl.O.P.(MD).No.16449 of 2018 14.09.2018 TA ES/SKN/RSK/SAR 4/11.10.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/