Chandra v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.17380 of 2019 1.Chandra

2. Karthik @ Karthikeyan

3. Susila ...

Petitioners/Accused Nos.2 to 4 Vs.

1.State rep. by The Inspector of Police, Watrap Police Station Virudhunagar District (Crime No.258 of 2015) ... 1st Respondent/Complainant 2.Muruganantham ...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. 125 of 2019 on the file of the learned Judicial Magistrate No.I, Srivilliputhur and quash the same. For Petitioners : Mr.Thalaimutharasu For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side) For R-2 : Mrs.M.Anbarasi

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No. 125 of 2019 on the file of the learned Judicial Magistrate No.I, Srivilliputhur for an alleged offences under Sections 447,294(b), 506(ii) of IPC and Section 3 of TNPPDL Act.

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.B.Rathskrishnan, SSI of Police. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. https://hcservices.ecourts.gov.in/hcservices/

4. Under such circumstances, no useful purpose will be served

in keeping the Chargesheet 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 C.C.No. 125 of 2019. 5.It is represented by the learned counsel for the petitioners that the petitioners paid 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) on 25.11.2019 and filed the original receipt along with the memo. The said submission is placed on record.

6. Hence, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No. 125 of 2019 on the file of the learned Judicial Magistrate No.I, Srivilliputhur, is quashed insofar as the petitioners alone and the terms of joint compromise memo shall form part and parcel of this order.

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

To

1. The Judicial Magistrate No.I, Srivilliputhur

2. The Inspector of Police, Watrap Police Station Virudhunagar District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4. The Section Officer,Accounts Section, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD).No.17380 of 2019 25.11.2019 DKS(CO) TR(26.11.2019)2P 5C https://hcservices.ecourts.gov.in/hcservices/