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Madras High CourtCRL OP(MD)/17966/2019allowed

Eben Ranjith Singh v. The Inspector Of Police

2019-11-29Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD).No.17966 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD).No.17966 of 2019 1.Eben Ranjith Singh 2.Issac Samuel Raj @ Aisak Samuel Raj 3.Selvan 4.Selvaprakash Ponraj @ Selvaprakash (Ponraj) 5.Gabriel @ Kabariyel 6.Anbalagan 7.Ganesan 8.Henry @ Hentri 9.Joseph Raja @ Joseph 10.Vinith 11.Prathap ... Petitioners / Accused No.1 to 11 Vs.

1.The Inspector of Police, Ervadi Police Station, Tirunelveli District.

Crime No.84 of 2016.

... 1st Respondent / Complainant 2.Selvakumar ...2nd Respondent / Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the C.C.No.138 of 2019, on the file of the learned Judicial Magistrate, Nanguneri and quash the proceedings as against the petitioners herein. For Petitioners : Mr.R.Pon Karthikeyan For R1 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. Side) For R2 : Mr.P.T.Ramesh Raja

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.138 of 2019, on the file of the learned Judicial Magistrate, Nanguneri.

2. The case is still at the stage of 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 have 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.P.Nainar, (H.C.2321). This https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD).No.17966 of 2019 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 proceedings 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 482 Cr.P.C. quashes the proceedings in C.C.No.138 of 2019, on the file of the learned Judicial Magistrate, Nanguneri. 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 29.11.2019 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 C.C.No.138 of 2019, on the file of the learned Judicial Magistrate, Nanguneri, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To (Enclose Xerox copy of Joint Compromise Memo) 1.The Judicial Magistrate, Nanguneri.

2.The Inspector of Police, Ervadi Police Station, Tirunelveli District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R. PON KARTHIKEYAN, Advocate (SR-102722[F] 29/11/2019 ) Copy to:

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

Crl.O.P.(MD).No.17966 of 2019 29.11.2019 das SDS (19.12.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2