Senthilkumaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Senthil Kumaran ...
Petitioner Vs.
1.State rep. by The Inspector of Police, All Women Police Station, Thallakulam, Madurai City (In Crime No.15 of 2013) 2.Pradeepa ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to quash the charge sheet in C.C No.13/2014 on the file of the Judicial Magistrate Level Additional Mahila Court, Madurai. For Petitioner : Mr.A.Arumugam For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-2 : Mr.P.Manimaran
ORDER
The Criminal Original Petition has been filed to quash the proceedings in C.C.No.13 of 2014 on the file of the Judicial Magistrate Level Additional Mahila Court, Madurai. 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 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.M.Madathi, SI of Police. This Court also enquired both the parties and was satisfied that the parties have 1/3
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 the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujarath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the proceedings in C.C.No.13 of 2014. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings C.C.No.13 of 2014 on the file of the Judicial Magistrate Level Additional Mahila Court, Madurai, 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), and file a photocopy of the receipt along with the memo reporting compliance before the Registry/1st respondent and the trial court on or before 28.11.2019, failing which, this order automatically stands cancelled without further reference to this Court and the trial court can proceed with the trial in C.C.No.13 of 2014.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) Ls Encl: Xerox copy of the Joint Compromise Memo To
1. The Judicial Magistrate Level Additional Mahila Court, Madurai.
2. The Inspector of Police, All Women Police Station, Thallakulam, Madurai City 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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Copy to:
The Section Officer, Account Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.A.ARUMUGAM, Advocate ( SR-100051[F] dated 21/11/2019 ) 21.11.2019 JMN(21.11.2019) 3P : 6C 3/3