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Madras High CourtCRL OP(MD)/14565/2017allowed

Karthick v. The Inspector Of Police

2019-10-24Honourable Mr Justice N. Anand Venkatesh2 pages

CRL.O.P(MD)No.14565 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P(MD)No.14565 of 2017 and CrL.M.P(MD)Nos.9704 & 9705 of 2017 1.Karthick 2.Arumugapandi 3.Suriyaprakash 4.Maniyasamy 5.Vijayakumar .. Petitioners/Accused Nos.1 to 5 Vs.

1.State rep. by The Inspector of Police, Peraiyur Police Station, Madurai District.

(Crime No.238 of 2014) .. Respondent/Complainant 2.Subramani .. Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash the Sessions Case in Charge sheet laid against the petitioners in S.C.No.439 of 2017, learned District and Sessions Court (Mahila) Madurai District.

For Petitioners : Mr.S.P.Prabakaran For Respondents : Mr.K.Dinesh Babu, APP for R1 Mr.Na.Manimaran for R2

ORDER

This Criminal Original Petition has been filed to quash the proceedings in S.C.No.439 of 2017, pending on the file of the learned Sessions Judge, Mahila Court, Madurai.

2. The case is still in 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 has been signed by the petitioner and the second respondent and also their respective counsel. In order to identify the respective parties they have also produce the copy of the Aadhaar Card is made part of the record. The petitioner, 2nd respondent and https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P(MD)No.14565 of 2017 the victim girl were also present in person before this Court. 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 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. quash the proceedings in S.C.No.439 of 2017, pending on the file of the learned Sessions Judge, Mahila Court, Madurai. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.439 of 2017, pending on the file of the learned Sessions Judge, Mahila Court, Madurai, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar(CS) TM ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO.

To 1.The Sessions Judge, Mahila Court, Madurai.

2.The Inspector of Police, Peraiyur Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

CRL.O.P(MD)No.14565 of 2017 24.10.2019 TR(18.11.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2