Esakkidass v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P.(MD) No.14705 of 2022

1. Esakkidass

2. Thalavai @ Thalaivaikonar .. Petitioners Vs.

1. The Inspector of Police Vijayanarayanam Police Station Tirunelveli District

2. Erudhayaraj ....Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the charge sheet in CC No. 379 of 2020 on the file of the learned Judicial Magistrate, Nanguneri and quash the same.

For Petitioners : Mr.R.Maheswaran For Respondents : Mr.A.Albert James No.1 Government Advocate (Crl.Side) No.2 : Mr. C.Susikumar 1/6

ORDER

The Criminal Original Petition has been filed to quash the Charge Sheet in CC No.379 of 2020 on the file of the learned Judicial Magistrate, Nanguneri 2.The case of the prosecution is that on 12.07.2022 at about 7.15 am., the petitioner along with his friend have taken her son and sister's children in a Tata Sumo Magic Vehicle bearing Reg. No. TN 72 AM 0102 and parked the vehicle near Rengasamy's land and his children were playing, at that time, the petitioners said to have abused him by saying that the children mutilated their property and they also assaulted the second respondent with stick and caused injuries. Hence the case came to be registered. After investigation filed final report and the same has been taken cognizance.

3.The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

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4. A Joint Memo of Compromise has been filed before this Court which have 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.S.Balakrishnan, Vijanarayanam Police Station as well as by the learned Counsels appearing for the parties. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

5. In the instant case, the parties have compromised the matter out of court. Where the parties have compromised the matter, the High Court has the power to quash the complaint for the offence under Sections 294(b),322 and 506(2) of IPC.

6. The legal position expressed by the Hon'ble Apex Court in the case of Gian Singh vs. State of Panjab and another reported in (2012)10 SCC 303 and Parbathbhai Aahir @ Parbathbhai Vs. State 3/6

of Gujrath) reported in (2017)9 SCC 641 were taken into consideration.

7. In the light of the guidelines issued in the above said Judgments of the Hon'ble Apex Court, no useful purpose will be served in keeping the proceedings in CC No.379 of 2020 on the file of the learned Judicial Magistrate, Nanguneri even though, the offences involved are not compoundable in nature.

8. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in CC No.379 of 2020 on the file of the learned Judicial Magistrate, Nanguneri is quashed and the terms of joint compromise memo shall form part and parcel of this order. 22.08.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order aav 4/6

To

1. The Judicial Magistrate, Nanguneri

2. The Inspector of Police Vijayanarayanam Police Station Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court.

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V.SIVAGNANAM, J.

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