Vijayakumar v. The Sub Inspector Of Police
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 17.03.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P(MD)No.11964 of 2021 Vijayakumar ... Petitioner/Accused No.1 Vs.
1.The State represented by, The Sub-Inspector of Police, Kadayam Police Station, (Crime No.426 of 2020) ... 1st Respondent/Complainant 2.Bharathidasan ... 2nd Respondent/ Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records pertaining to the charge sheet in S.T.C.No.693 of 2021 for the offences under Sections 294(b), 323 and 506(i) of I.P.C pending before the learned Judicial Magistrate, Ambasamudram, Tenkasi District and quash the same as against the petitioner.
For Petitioner : Mr.J.Pandi Dorai For R - 1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For R - 2 : Mr.V.Maya Kannan
ORDER
The Criminal Original Petition has been filed to quash the proceedings as against the petitioner in S.T.C.No.693 of 2021 for the offences under Sections 294(b), 323 and 506(i) of I.P.C pending on the file of the learned Judicial Magistrate, Ambasamudram, 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.
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4. Under such circumstances, no useful purpose will be served in keeping the proceedings in S.T.C.No.693 of 2021 pending on the file of the learned Judicial Magistrate, Ambasamudram, Tenkasi District in Crime No.426 of 2020, dated 04.10.2020, 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 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes S.T.C.No.693 of 2021.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.T.C.No.693 of 2021 pending on the file of the learned Judicial Magistrate, Ambasamudram, Tenkasi District in Crime No.426 of 2020, dated 04.10.2020, 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 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 Petition is closed.
Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar 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.
ENCL:XEROX COPY OF COMPROMISE MEMO To 1.The Judicial Magistrate, Ambasamudram, 2/3
2.The Sub-Inspector of Police, Kadayam Police Station, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
COPY TO:
The District Siddha Medical Officer, CCRI, Periyakulam.
+1 CC to M/s.J.PANDI DORAI, Advocate (SR-12937[F] dated 18/03/2022 ) Order made in Crl.O.P(MD)No.20863 of 2021 17.03.2022 2/2 PS MS/18.03.2022/3P.6C 3/3