S. Karthik v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.16707 of 2018 1.S.Karthik 2.S.Pandiammal, wrongly mentioned as S.Bambay Pandiammal in F.I.R. and Charge Sheet.

3.S.Sankaranarayanan, wrongly mentioned as S.Sankar in F.I.R and Charge Sheet.

4.C.Naveenkumar, wrongly mentioned as C.Naveen in F.I.R and Charge Sheet.

5.Rajasekar, wrongly mentioned as S.Pattarajasekar @ Rajasekar in F.I.R and Charge Sheet.

: Petitioners/Accused Vs.

1.The State represented by The Inspector of Police, Anna Nagar Police Station, Madurai City, Madurai District.

(Crime No.840 of 2018) : 1st Respondent/Complainant 2.Murugesan : 2nd Respondent/Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to S.C.No.412 of 2018 on the file of the Learned I Additional Subordinate Judge, Madurai and quash the same.

For Petitioner : Mr.R.Murugan For Respondents : Mr.K.Suyambulinga Bharathi for R1 Government Advocate [Criminal Side] Mr.S.Subramanian for R2

ORDER

The Criminal Original Petition has been filed to quash the S.C.No.412 of 2018 on the file of the Learned I Additional Subordinate Judge, Madurai, pursuant to the compromise arrived at by the parties.

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 and they were identified by Mr.Balamurugan, SubInspector 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 settlement between themselves.

4. Under such circumstances, no useful purpose will be served in keeping the Sessions Case 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 S.C.No.412 of 2018 on the file of the Learned I Additional Subordinate Judge, Madurai.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.412 of 2018 on the file of the Learned I Additional Subordinate Judge, Madurai, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Except the second petitioner, all other petitioners shall pay a sum of Rs.500/- as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), 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(CO) /True Copy/ Sub Assistant Registrar(CS-IV) Encl:Xerox copy of Joint Compromise Memo To 1.The I Additional Subordinate Judge, Madurai.

2.The Inspector of Police, Anna Nagar Police Station, Madurai City, 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.

+1CC to Mr.R.Murugan, Advocate, SR.No.87331 Crl.O.P.[MD].No.16707 of 2018 27.09.2018 TM ES/SKN/RSK/SAR 4/25.10.2018/3P/6C