Balaguru v. The Sub Inspector Of Police
Crl.O.P.(MD).No.17343 of 2019 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.17343 of 2019 Balaguru ...
Petitioner Vs.
1.State rep. by The Sub Inspector of Police, Panakudi Police Station Tirunelveli District ...1st Respondent/Complainant 2.Santhipriya ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in C.C.No.83 of 2019 on the file of the learned Judicial Magistrate, Valliyoor and quash the same. For Petitioner : Mr.A.Baskaran For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side) For R-2 : Mr.A.Sundarajan
ORDER
The Criminal Original Petition has been filed to quash the proceedings in C.C.No.83 of 2019 on the file of the learned Judicial Magistrate, Valliyoor for an alleged offences under Sections 294 (b), 323,506(i) of IPC and Section 4 of TNPHW 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 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.Yesudhas, SSI 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.17343 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.83 of 2019 5.It is represented by the learned counsel for the petitioner that the petitioner 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.83 of 2019 on the file of the learned Judicial Magistrate, Valliyoor, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (w) / True Copy / Sub Assistant Registrar(CS-I) Encl: Xerox copy of Joint Compromise Memo To
1. The Judicial Magistrate, Valliyoor
2. The Sub Inspector of Police, Panakudi 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.
Crl.O.P.(MD).No.17343 of 2019 25.11.2019 AAV SDS/26.11.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2