Veera Vallavavarman v. The Inspector Of Police

Crl.O.P.(MD).No.16148 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.16148 of 2019 Veeravallavavarman ... Petitioner/Accused Vs.

1.State rep. by The Inspector of Police, Thirumangalam Taluk Police Station Madurai District ... 1st Respondent/Complainant 2.Muthu Chithra ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to Calendar Case in C.C.No.16 of 2019 pending on the file of learned Judicial Magistrate, Thirumangalam in Crime No.241 f 2018 on the file of the 1st Respondent police Punishable under Sections 294(b), 323, and 506 (i) of IPC and Section 4 of TNPHW Act and quash the same. For Petitioner : Mr.P.Balasubramanian For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.16 of 2019 pending on the file of learned Judicial Magistrate, Thirumangalam for an alleged offences under Sections 294(b), 323, and 506(i) of IPC and Section 4 of TNPHW Act 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. The petitioner and the second respondent were also present in person before this Court and they were identified by Police. 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 the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.16148 of 2019 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 the proceedings in C.C.No.16 of 2019. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.16 of 2019 pending on the file of learned Judicial Magistrate, Thirumangalam , is quashed insofar as the petitioner alone and the terms of joint compromise memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5000/- (Rupees Five Thousand only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), 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 (AD-I) // True Copy // Sub Assistant Registrar(CS ) Aav To

1. The Judicial Magistrate, Thirumangalam

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

Copy to:

The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai +2 CC to Mr.P.BALA SUBRAMANIAN, Advocate ( SR-96307[F] dated 06/11/2019 ) Crl.O.P.(MD).No.16148 of 2019 06.11.2019 MK (22.11.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2