Maheswari 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.17428 of 2018 Maheswari : Petitioner/Sole Accused Vs.
1.State Rep. by The Inspector of Police Y.Othakadai Police Station, Madurai District.
(Crime No.374 of 2016) : 1st Respondent/Complainant
2. Sathya @ Sathyapriya : 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and proceedings relating to the charge sheet in C.C.No.39 of 2017 on the file of the learned Judicial Magistrate, Melur, Madurai District and quash the same. For Petitioner : Mr.B.Santhanam Rajeshkumar For Respondents : Mr.K.Suyambulinga Bharathi for R1 Government Advocate [Criminal Side] Mr.S.Sathya Chidambaram for R2
ORDER
The Criminal Original Petition has been filed to quash the C.C.No.39 of 2017 on the file of the learned Judicial Magistrate, Melur, Madurai District, 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 petitioner and the second respondent and also by their respective counsel. The parties were also present before the Court and they were identified by Mr.A.Jeyaraman, 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 Calender 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 Calendar Case in C.C.No.39 of 2017. https://hcservices.ecourts.gov.in/hcservices/
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.39 of 2017 on the file of the learned Judicial Magistrate, Melur, Madurai District, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.750/- as costs, to the credit of the "District Siddha Medical Officer, CCRI, Periyakulam" (payable in Account No.10767823177, SBI, Periyakulam), 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(T&P) /True Copy/ Sub Assistant Registrar(CS-III) TM Encl: Xerox copy of Joint Compromise Memo To 1.The Judicial Magistrate, Melur, Madurai.
2.The Inspector of Police Y.Othakadai Police Station, Madurai District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4.The District Siddha Medical Officer, CCR1, Periyakulam.
Copy To:
The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 copies) + 1 CC TO Mr.B.Santhanam Rajeshkumar , ADVOCATE IN SR No. 87412. tm DS RP SAR3 27 10 2018 2P 8C Crl.O.P.[MD].No.17428 of 2018 27.09.2018 https://hcservices.ecourts.gov.in/hcservices/