Kottaimuthu v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.17969 of 2018 1.Kottaimuthu 2.Rajendiran 3.Ponnaiya 4.Subbaiya 5.Balamurugan 6.Arjunan @ Arjun 7.Mari 8.Govindaraj 9.Murugesan 10.Kartheeshwaran : Petitioners/Accused 1 to 10 Vs.
1.The Inspector of Police, R.S.Mangalam Police Station, R.S.Mangalam, Ramanathapuram District.
(Crime No.143 of 2011) ..Respondent-1/Complainant 2.V.Panneerselvam ..Respondent-2/ Defacto Complainant PRAYER:Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in pertaining to the C.C.No.171 of 2013 on the file of the District Munsif cum Judicial Magistrate Court, Thiruvadani and quash the same as illegal. For Petitioners : Mr.K.Arunraj For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side) For R2 : Mr.S.Vinod Sathya Lazar
ORDER
This criminal original petition has been filed to quash C.C.No.171 of 2013 on the file of the District Munsif cum Judicial Magistrate Court, Thiruvadanai.
2.The case is under trial. 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 they were identified by Mr.R.Mayakrishnan, SSI of Police. 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 proceedings in C.C.No.171 of 2013 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.171 of 2013 .
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.171 of 2013, on the file of the District Munsif cum Judicial Magistrate Court, Thiruvadanai is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.500/- (Rupees Five Hundred only), each as costs, to the credit of "Rojavanam, Home for aged and poor" (payable in 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 // True Copy // Sub Assistant Registrar(CS-I) ENCL: JOINT MEMO COMPROMISE To
1. The District Munsif Cum Judicial Magistrate, Thiruvadanai 2.The Inspector of Police, R.S.Mangalam Police Station, R.S.Mangalam, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai. (2 copies) +1 CC To MR.K.ARUNRAJ, Advocate SR. NO. 89811 +1 CC To MR.S.VINOD SATHYA LALAR, Advocate SR. NO. 89834 Crl.O.P.[MD].No.17969 of 2018 09.10.2018 TA TR/RSK/SAR-I(30.10.2018)3P 8C