K. Kannan v. The Inspector Of Police
Crl.O.P.(MD).No.14229 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.14229 of 2019 K.Kannan ...
Petitioner/A2 Vs.
1. The Inspector of Police, Taluka Police Station Tirunelveli District Crime No. 138 of 2015 ...R1/Complainant 2.Esakkimuthu ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in PRC No. 142 of 2019 on the file of the learned Judicial Magistrate No.III, Tirunelveli and quash the same.
For Petitioner : Mr.R.J.Karthick For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)
ORDER
The Criminal Original Petition has been filed to quash the proceedings in PRC No. 142 of 2019 on the file of the learned Judicial Magistrate No.III, Tirunelveli for an alleged offences under Section 306 of IPC 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 Mr.S.Ayyadurai, SI of 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.14229 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 PRC 142 of 2019. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in PRC No. 142 of 2019 on the file of the learned Judicial Magistrate No.III, Tirunelveli , 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.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 (co) // True Copy // Sub Assistant Registrar(CS) Encl:Xerox copy of Joint Compromise memo aav To
1. The Judicial Magistrate No.III, Tirunelveli
2. The Inspector of Police, Taluka Police Station Tirunelveli District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to The Section Officer, Account Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.R.J. KARTHICK, Advocate ( SR-91480[F] dated 04/10/2019 ) Crl.O.P.(MD).No.14229 of 2019 04.10.2019 KM/(18.10.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2