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Madras High CourtCRL OP(MD)/16801/2018allowed

A.Jayaraman v. The Inspector Of Police

2018-09-24Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.16801 of 2018 A.Jayaraman : Petitioner/Accused Vs.

1.State through The Inspector of Police, Tallakulam Police Station, Tallakulam Madurai :Respondent/Complainant 2.Saravanan :Respondent/ Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records of the Crime No.1730 of 2018 pending on the file of the Honourable Judicial Magistrate No.2 Madurai and quash the same.

For Petitioner : Mr.V.OM.Prakash For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate[Crl. side] For R-2 : Mr.D.Sekaran

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.1730 of 2018 on the file of the first respondent, for an alleged offences under Sections 294(b), 324, 506(i) IPC.

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 petitioner and the second respondent and also by their respective counsel. The parties were also present before the Court 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 https://hcservices.ecourts.gov.in/hcservices/

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 Crime No.1730 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.1730 of 2018, on the file of the first respondent, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.750/- as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry, Madurai Bench), 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-II) Encl: Original Joint Compromise Memo dated 24.9.2018 To 1.The Judicial Magistrate No.II, Madurai.

2.The Inspector of Police, Tallakulam Police Station, Tallakulam Madurai 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.

+ 1 CC TO MR.V.OM.PRAKASH, ADVOCATE IN SR NO.86086 AAV BU/RSK/SAR-2 :24.10.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.[MD].No.16801 of 2018 24.09.2018