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Madras High CourtCRL OP(MD)/14322/2020allowed

B.Ramprakash v. D.M.Priyadharshini

2022-03-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.14322 of 2020 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 17.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.14322 of 2020 and Crl.M.P(MD)Nos.6669 & 6676 of 2020 1.B.Ramprakash 2.S.Balasubramani 3.M.Vasanthi 4.M.Vijaya 5.M.Vetrivel ... Petitioners/Accused Nos.1 to 5 Vs.

1.D.M.Priyadharshini 2.State through, The Sub-Inspector of Police, All Women Police Station, Theni, Theni District.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.31 of 2020 on the file of the learned Judicial Magistrate, Theni, Theni District and quash the same.

For Petitioners : Mr.M.R.Sreenivasan For R - 1 : Mr.Shankar Ganesh For R - 2 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed to quash the proceedings as against the petitioners in C.C.No.31 of 2020 on the file of the learned Judicial Magistrate, Theni, Theni District. 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 first respondent and also by their respective counsel.

4. Under such circumstances, no useful purpose will be served in keeping the proceedings in C.C.No.31 of 2020 on the file of the learned Judicial Magistrate, Theni, Theni District, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14322 of 2020 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes C.C.No.31 of 2020.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.31 of 2020 on the file of the learned Judicial Magistrate, Theni, Theni District, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before 25.03.

2022 and the receipt of payment shall be produced before the concerned Court, failing which the order shall stand dismissed automatically without any further reference to this Court and the receipt of payment shall be produced before the concerned Court, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

Enclosure:- Joint Compromise Memo To 1.The Judicial Magistrate, Theni 2.The Sub-Inspector of Police, All Women Police Station, Theni, Theni District.

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

Copy To:

The District Siddha Medical Officer, CCRI, Periyakulam.

Order made in Crl.O.P(MD)No.14322 of 2020 17.03.2022 SA(18.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2