M. Murugesan v. The Inspector Of Police

Crl.O.P.(MD).No.16601 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.16601 of 2019 M.Murugesan ...

Petitioner/Accused No.2 Vs.

1.State rep. by The Sub Inspector of Police, Puliyangudi Police Station Tirunelveli District (Crime No.411 of 2015) ...1st Respondent/Complainant 2.Gajendiran ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in connection with the impugned charge sheet in C.C.No.313 of 2015 on the file of the learned Judicial Magistrate, Sivagiri and quash the same insofar as the petitioner is concerned For Petitioner : Mr.G.Thalaimutharasu For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.313 of 2015 on the file of the learned Judicial Magistrate, Sivagiri for an alleged offences under Sections 294(b), 323 and 506(ii) 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.Subbarayalu, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.16601 of 2019 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 C.C.No.313 of 2015 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.313 of 2015 on the file of the learned Judicial Magistrate, Sivagiri, 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 21.11.2019, 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.313 of 2015.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) Encl:Xerox Copy of Joint Compromise Memo.

To

1. The Judicial Magistrate, Sivagiri

2. The Inspector of Police, Puliyangudi Police Station Tirunelveli 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.G. THALAIMUTHARASU, Advocate ( SR-97994[F] dated 13/11/2019 ) Crl.O.P.(MD).No.16601 of 2019 13.11.2019 KK/SAR/14.11.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2