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Madras High CourtCRL OP(MD)/16146/2019allowed

Senthilnathakumar v. The Inspector Of Police

2019-11-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.16146 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.16146 of 2019

1. Senthilnathakumar

2. Veeraprakash ...

Petitioners/A1 & A2 Vs.

1. The State Represented by its The Inspector of Police, Emaneswaram Police Station Ramanathapuram District.

2. Prasath ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records in relating to the impugned charge sheet in P.R.C. No.8 of 2019 on the file of the learned Judicial Magistrate, Paramakudi and quash the same. For Petitioner : Mr.M.S. Jeyakarthik For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-2 : Mr. A. Karthik

ORDER

The Criminal Original Petition has been filed to quash the charge sheet in P.R.C. No.8 of 2019 on the file of the learned Judicial Magistrate, Paramakudi for an alleged offences under Sections 294(b), 324 & 307 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 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. C. Muthu Manickam, S.I. Of Police. This Court also enquired both the parties and was satisfied that the parties https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.16146 of 2019 have come to an amicable settlement between themselves.

4. Under such circumstances, no useful purpose will be served in keeping the case pending, 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 the proceedings in P.R.C. No.8 of 2019.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in P.R.C. No. 8 of 2019 on the file of the learned Judicial Magistrate, Paramakudi, is quashed and the terms of joint compromise memo shall form part and parcel of this order. The petitioners 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 (CS-III) // True Copy // Sub Assistant Registrar(CS) ksa To

1. The Judicial Magistrate, Paramakudi.

2. The Inspector of Police, Emaneswaram Police Station Ramanathapuram 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.

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate (SR-96637[F] dated 07/11/2019 Crl.O.P.(MD).No.16146 of 2019 07.11.2019 JMN(08.11.2019) 2P : 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2