Nepolean v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.18398 of 2018 Nepolean :Petitioner/Accused No.1 Vs.

1. State rep by The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.

(Cr.No.92 of 2016) : Respondent/Complainant

2. R.Muthukumar : Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in C.C.No.288 of 2017 pending on the file of the learned Judicial Magistrate, Pattukottai and quash the same against the concerned petitioner.

For Petitioner : Mr.S.Ravi For R1 : Mr.K.Suyambulinga Bharathi Government Advocate [Crl.side] For R2 : Mr.C.Lakshmanan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.288 of 2017 pending on the file of the learned Judicial Magistrate, Pattukottai, for an alleged offences under Sections 294(b), 323, 342, 363 and 427 IPC. 2.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. In order to identify the respective parties they have also produced the copy of the Aadhaar Card which is 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 C.C.No.288 of 2017 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), https://hcservices.ecourts.gov.in/hcservices/

this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the charge sheet in C.C.No.288 of 2017. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.288 of 2017 pending on the file of Judicial Magistrate, Pattukottai, 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.2,000/- as costs, to the credit of the Rojavanam, Home for aged and poor (payable in Account No.6481560540, Indian Bank, High Court, 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(Records) /True Copy/ Sub Assistant Registrar(CS-II) Encl: Xerox copy of Joint Compromise Memo To

1. The Judicial Magistrate, Pattukottai.

2. The Inspector of Police, Pattukottai Town Police Station, Thanjavur District.

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

Copy to Rojavanam, Home for aged and poor, Melur Main Road, Ulaganeri, Madurai.

+2cc to Mr.S.Ravi, Advocate Sr.No.91264 GNS VB/SV/SAR2/19.11.2018/2P/7C Crl.O.P.(MD)No.18398 of 2018 22.10.2018 https://hcservices.ecourts.gov.in/hcservices/