Thangapandi v. The Inspector Of Police

CRL.O.P.(MD).No.17491 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.(MD).No.17491 of 2019 Thangapandi ... Petitioner Vs.

1.The State through The Inspector of Police, District Crime Branch, Tirunelveli, Tirunelveli District. ...Respondent/Complainant 2.B.Anuj ... Respondents/De-facto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating in C.C.No.1387 of 2019, on the file of the Judicial Magistrate Court No.I, Tirunelveli and quash the same.

For Petitioner : Mr.C.Susi Kumar For R1 : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) For R2 : Mr.V.Kannan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.1387 of 2019, on the file of the Judicial Magistrate Court No.I, Tirunelveli.

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.Joint Compromise memo has been filed before this Court which have 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 Ms.Savithri, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P.(MD).No.17491 of 2019 482 Cr.P.C. quashes the proceeding in C.C.No.1387 of 2019, pending on the file of the learned Judicial Magistrate No.I, Tirunelveli. 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 26.11.2019 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.1387 of 2019 on the file of the learned Judicial Magistrate No.I, Tirunelveli, is quashed and the terms of Joint Compromise memo shall form part and parcel of this order.

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

To 1.The Judicial Magistrate No.I, Tirunelveli.

2.The Inspector of Police, District Crime Branch, Tirunelveli, 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. (COST MEMO FILED) +1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-101833[F] dated 27/11/2019 ) CRL.O.P.(MD).No.17491 of 2019 26.11.2019 KK/SAR/27.11.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2