Madras High CourtCRL OP(MD)/18237/2018allowed

Anandhamuthu v. The Inspector Of Police

2019-03-28Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE Crl.O.P.[MD]No.18237 of 2018 and Crl.M.P.(MD)Nos.8121 and 8122 of 2018 1.Anandhamuthu 2.Sudalaiyammal 3.Nagaraj 4.Rajalakshmi 5.Karpagaselvi : Petitioners Vs.

1. The Inspector of Police, All Women Police Station, Sattur, Virudhunagar District.

2. Saranya : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the proceedings in C.C.No.22 of 2018 pending on the file of the Judicial Magistrate No.I, Sattur and to quash the same.

For Petitioners : Mr.S.C.Herold Singh For R-1 : Mr.V.Neelakandan, Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the impugned charge sheet in C.C.No.22 of 2018, on the file of the learned Judicial Magistrate No.I, Sattur, for the alleged offences under Sections 294(b) and 323 IPC. The offences are chiefly private in nature.

2. Since the issue involved in this petition is matrimonial dispute, this Court earlier referred this matter to the Mediation and Conciliation Center attached to this Bench, wherein the issue between the parties is settled amicably and the Mediation Centre has also sent its report to this Court.

3. Under such circumstances, no useful purpose will be served in keeping the proceedings pending, even though, the offences involved are not compoundable in nature, since the issue between the parties is settled amicably. In the light of the guidelines given by the Hon'ble Supreme Court reported in the State of Madhya Pradesh Vs. Laxmi Narayan & Others [CDJ 2019 SC 264] and Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath [(2017) 9 SCC 641], this Court in exercise of its jurisdiction under Section 482 Cr.P.C. https://hcservices.ecourts.gov.in/hcservices/

quashes the impugned charge sheet in C.C.No.22 of 2018, on the file of the learned Judicial Magistrate No.I, Sattur.

4. This Criminal Original Petition stands allowed and as a sequel, the impugned charge sheet in C.C.No.22 of 2018, on the file of the learned Judicial Magistrate No.I, Sattur, is quashed and the terms of Mediation Report shall form part and parcel of this order. The petitioner shall pay a sum of Rs.500/-, each 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. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) Encl.:Xerox Copy of Mediation Report and Settlement Agreement To

1. The Judicial Magistrate No.I, Sattur.

2. The Inspector of Police, All Women Police Station, Sattur, Virudhunagar District.

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

Copy to:

The District Siddha Medical Officer, CCRI, Periyakulam +1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-58054[F] dated 01/04/2019 ) Crl.O.P.[MD]No.18237 of 2018 28.03.2019 ta MK (03.07.2019) 3P 6C https://hcservices.ecourts.gov.in/hcservices/