Karuppasamy v. The Inspector Of Police

Crl.O.P.(MD).No.15639 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.15639 of 2019 Karuppasamy ... Petitioner/Sole Accused Vs.

1.The Inspector of Police All Women Police Station, Thiruchendur, Thoothukudi District (Crime No.194 of 2015) : Respondent/Complainant 2.P.Veeraiya : Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the case in Spl.C.No.29 of 2017 on the file of the Sessions Judge, Mahalir Court, Thoothukudi and quash the same. For Petitioner : Mr.R.Ramachandran For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (crl.side) For R2 : Mr.S.Mandhiralingeswaran

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in Spl.C.No.29 of 2017 on the file of the learned Sessions Judge, Mahalir Court, Thoothukudi.

2. The case is still at the stage of 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 have 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 Ms.Vinciya Fernando, WHC. 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 proceedings is pending before the learned Sessions Judge, Mahalir Court, Thoothukudi. 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.15639 of 2019 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 Spl.C.No.29 of 2017 on the file of the Sessions Judge, Mahalir Court, Thoothukudi.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.C.No.29 of 2017 on the file of the Sessions Judge, Mahalir Court, Thoothukudi, 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 // True Copy // Sub Assistant Registrar(CS ) Enclose Xerox Copy of Joint Compromise Memo.

To 1.The Sessions Judge, Mahalir Court, Thoothukudi.

2.The Inspector of Police, All Women Police Station, Thiruchendur, Thoothukudi 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.

The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.RAMACHANDRAN, Advocate SR-94696. Crl.O.P.(MD).No.15639 of 2019 25.10.2019 CS(14.11.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2