Arikaran @ Hariharan v. The Inspector Of Police

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.17783 of 2019

1. Arikaran @ Hariharan

2. Amutha

3. David

4. Vinoth

5. Mano 6.Subash

7. Kannan

8. Hariharan @ kannan ... Petitioners/A-1 to A-8 Vs.

1. The Inspector of Police, Koodankulam Police Station, In Crime No. 114 of 2018 Tirunelveli District.

... 1st Respondent/Complainant

2. Perumal Nadar ... 2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the charge sheet in Spl. C.C. No. 8 of 2019 on the file of the Principal District Court, Tirunelveli and quash the same.

For Petitioners : Mr.C. Susikumar For R-1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R-2 : Mr. R. Maheswaran

ORDER

The Criminal Original Petition has been filed to quash the proceedings of the charge sheet in C.C. No. 8 of 2019 on the file of the Principal District Court, Tirunelveli.

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 petitioners 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.Pauldurai, SSI. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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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 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. 8 of 2019.

5. It is represented by the learned counsel for the petitioners that the petitioners 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. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.C.C. No. 8 of 2019 on the file of the Principal District Court, Tirunelveli is quashed and the terms of joint compromise memo shall form part and parcel of this order.

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

To

1. The Principal District Court, Tirunelveli.

2. The Inspector of Police, Koodankulam 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.

+1CC TO MR.C.SUSIKUMAR, Advocate Sr. No. 102457 Crl.O.P.(MD).No.17783 of 2019 28.11.2019 DB(CO) TR(29.11.2019)2P 6C https://hcservices.ecourts.gov.in/hcservices/