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Madras High CourtCRL OP(MD)/17842/2019allowed

Arul Pandian v. The Inspector Of Police

2019-12-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.17842 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.17842 of 2019 Arul Pandian ... Petitioner/Sole Accused Vs.

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

In Crime No. 137 of 2015 ...1st Respondent/Complainant

2. Ukkirapandi ...2nd Respondent/Defacto Complainant

3. Muthuselvi @ Thiruvalarselvi ...3rd Respondent/Victim PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in J.C. No. 18 of 2019 on the file of the Juvenile Justice Board, Madurai and quash the same. For Petitioner : M/s.R. Saraswathi For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-2 & R-3 : M/s. R. Chinnaponnu

ORDER

The Criminal Original Petition has been filed to quash the proceedings of the charge sheet in J.C. No. 18 of 2019 on the file of the Juvenile Justice Board, Madurai, for an alleged offences under Sections 5(1) and 6 of POCSO Act 2012 and 366(A) of IPC.

2. 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 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. P.Kasi, SSI. 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 case, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.17842 of 2019 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 J.C. No. 18 of 2019.

5. It is represented by the learned counsel for the peittioner that the petitioner already 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 28.11.2019 and filed the original receipt along with the memo. The said submission is placed on record. The petitioner shall pay a sum of Rs.50,000/-(Rupees Fifty Thousand Only) to the victim, within a period of One week. This Criminal Original Petition stands allowed and as a sequel, the proceedings in J.C. No. 18 of 2019 on the file of the Juvenile Justice Board, Madurai is quashed and th terms of joint compromise memo shall form part and parcel of this order. Sd/- Assistant Registrar (CS II) // True Copy // Sub Assistant Registrar(CS) ksa To

1. The Juvenile Justice Board, Madurai.

2.The Inspector of Police, Koodakovil Police Station, Madurai 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. +1 cc Mr.R.SARASWATHI ,Advocate, SR.No. 102296 Crl.O.P.(MD).No.17842 of 2019 28.11.2019 KK/SAR/29.11.2019/2P-6C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2