Sivasubramanian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.17392 of 2018 1.Sivasubramanian 2.Loganathan (Died) 3.Seethalakshmi 4.Suresh 5.Sundarapandiyan 6.Subbulakshmi 7.Revathy : Petitioners/Accused Nos.1 to 7 Vs.

1.The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

(Crime No.7 of 2017) : 1st Respondent/Complainant 2.Jeyashree : 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in connection with the Crime No.7 of 2017 on the file of the 1st respondent in C.C.No.237 of 2017 on the file of learned Principal District Munsif cum Judicial Magistrate, Karaikudi and quash the same. For Petitioners : Mr.S.M.Sanjay For Respondents : Mr.K.Suyambulinga Bharathi for R1 Government Advocate [Criminal Side] Mr.D.Palanikumar for R2

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.237 of 2017 on the file of learned Principal District Munsif cum Judicial Magistrate, Karaikudi, 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 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 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 the proceedings in C.C.No.237 of 2017 on the file of learned Principal District Munsif cum Judicial Magistrate, Karaikudi.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.237 of 2017 on the file of learned Principal District Munsif cum Judicial Magistrate, Karaikudi, 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 Rojavanam, Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai, 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(CS-III) /True Copy/ Sub Assistant Registrar(CS-I) Encl:Xerox copy of Joint Compromise Memo To 1.The Principal District Munsif cum Judicial Magistrate No.I, Karaikudi.

2.The Inspector of Police, All Women Police Station, Karaikudi, Sivagangai District.

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

Copy To:

The Officer Incharge, Rojavanam, Home for aged and poor, Melur Road, Uthangudi, Ulaganeri, Madurai-625 107.

+1CC to Mr.S.M.Sanjay, Advocate, SR.No.89127 Crl.O.P.[MD].No.17392 of 2018 05.10.2018 TM ES/PM/SAR 1/29.10.2018/3P/6C