Gowtham v. The Inspector Of Police
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 27.04.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P(MD)Nos.7824 & 7825 of 2021 Gowtham ... Petitioner/Sole Accused Vs.
1.The State represented by, The Inspector of Police, Muthukulathur Police Station, Ramanathapuram District.
(Crime No.151 of 2019).
... 1st Respondent/ Complainant 2.
Meyyarasan ... 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records relating to C.C.No.14 of 2020 on the file of the learned Judicial Magistrate, Mudukulathur and to quash the same.
For Petitioner : Mr.A.Karthik For R - 2 : Mr.M.S.Jeyakarthik For R - 1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)
ORDER
The Criminal Original Petition has been filed to quash the proceedings as against the petitioner in C.C.No.14 of 2020 on the file of the learned Judicial Magistrate, Mudukulathur. 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 petitioner and the second 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.14 of 2020 on the file of the learned Judicial Magistrate, Mudukulathur, in Crime No.151 of 2019, dated 24.09.2019, even though, the offences involved are not 1/3
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 C.C.No.14 of 2020. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.14 of 2020 on the file of the learned Judicial Magistrate, Mudukulathur, in Crime No.151 of 2019, dated 24.09.2019, 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.5,000/- (Rupees Five Thousand only) as costs, to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) on or before 06.05.
2022 and produce the receipt before the concerned Magistrate, failing which the order shall stand dismissed automatically without any further reference to this Court. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CO) // True Copy // 04/05/2022 Sub Assistant Registrar(CS) ps Encl.: xerox copy of Joint Compromise memo.
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.
To 1.The Judicial Magistrate, Mudukulathur.
2.The Inspector of Police, Muthukulathur Police Station, Ramanathapuram District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
2/3
Copy to The Officer Incharge, Chief Ministers Public Relief Fund, Finance(CMPRF) Department, Government of Tamil Nadu, Secretariat, Chennai 600 009.
+1 CC to M/s.M.S. JEYAKARTHICK, Advocate ( SR-21931[F] dated 28/04/2022 ) Order made in Crl.O.P(MD)No.14745 of 2021 27.04.2022 smv(CO) TR(04.05.2022) 3P 6C 3/3