Suyamburaja, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.(MD)Nos.3579 and 3580 of 2017 1.Suyamburaja 2.R.Krishnamoorthi 3.K.kalavathi 4.K.Raja Murugan 5.R.Indrani 6.P.Mohana Devi : Petitioners/Accused No.1 to 6 Vs.

1.The State Represented by The Inspector of Police, B-5 South Gate Police Station, Madurai City, Madurai.

:Respondent No.1/Complainant 2.G.Chandrasekar : Respondents No.2/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the entire records in P.R.C.No.11 of 2017 on the file of the learned Judicial Magistrate (Additional Mahila Court) Madurai District and quash the same.

For Petitioners : Mr.R.Ganesh Prabu, for M/s.Ajmal Associates.

For R-1 : Mr.S.Chandraskear, Additional Public Prosecutor For R-2 : Mr.T.Lajapathi Roy

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in P.R.C.No.11 of 2017, on the file of the learned Judicial Magistrate (Additional Mahila Court) Madurai District.

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 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 1/3

were identified by Mr.Ravichandran, 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 proceeding pending before the trial Court. 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 proceeding in P.R.C.No.11 of 2017, on the file of the learned Judicial Magistrate (Additional Mahila Court) Madurai District.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in P.R.C.No.11 of 2017, on the file of the learned Judicial Magistrate (Additional Mahila Court) Madurai District, is quashed and the terms of compromise memo, which shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.500/- (Rupees Five Hundred only) as costs, to the credit of Madras High Court Madurai Bench Advocate Clerk's Association, vide Account No. 496039124, Indian Bank (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. Consequently, connected miscellaneous petitions are closed.

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

To 1.The Judicial Magistrate (Additional Mahila Court) Madurai District.

2.The Inspector of Police, B-5 South Gate Police Station, Madurai City, Madurai.

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

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Copy to:

1.The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.(2 Copies) 2.The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-88481[F] dated 23/09/2019 ) +1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-88314[F] dated 20/09/2019 ) and Crl.M.P.(MD)Nos.3579 and 3580 of 2017 20.09.2019 KK/SAR/15.10.2019/3P-9C/ 3/3