Perumal v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA 1.Perumal 2.Vasanth @ Vasantha Kumar 3.Ragunathan @ Ragunandhan 4.Manirathinam 5.Daniel Leo 6.Mohamed Abrak Binali 7.Anandh 8.Archunan @ Arjun ..Petitioners/Accused 1 to 8 Vs.

1.The Sub Inspector of Police, K.K.Nagar Police Station, Trichy District.

(Crime No.257 of 2016) ...1st Respondent/Complainant 2.Kaleeswaran ...2nd Respondent/Defacto Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the impugned charge sheet in S.S.C.No.17 of 2019 dated 07.02.2018 on the file of the I Additional District Court (PCR), Trichy District for the alleged offences under Sections 147, 294(b), 323 and 506(i) of IPC and 3 (1) (X) of SC/ST Act and quash the same. For Petitioners : Mr.S.S.Sundara Pandian For R1 : Mr.S.Chandrasekar Additional Public Prosecutor For R2 :Mr.R.Divya Priya 1/3

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in S.S.C.No.17 of 2019 dated 07.02.2018 on the file of the I Additional District Court (PCR), Trichy District for the alleged offences under Sections 147, 294(b), 323 and 506(i) of IPC and 3 (1) (X) of SC/ST 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 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.D.Sridhar, 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 proceedings in S.S.C.No.17 of 2019 pending, 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 S.S.C.No.17 of 2019. 5.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.5000/-(Rupees Three thousand only) as costs to the Credit of M.S.Chellamuthu Trust and Research Foundation and filed the original cash receipt along with this memo on 13.12.2019. The said submission is placed on record.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in S.S.C.No.17 of 2019, on the file of the I Additional District Court (PCR), Trichy District, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (AD II) // True Copy // Sub Assistant Registrar(CS) 2/3

vsg ENCL:XEROX COPY OF JOINT COMPROMISE MEMO To 1.The I Additional District Court (PCR), Trichy District 2.The Sub Inspector of Police, K.K.Nagar Police Station, Trichy District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M/S.S.S.SUNDARA PRANDIAN, Advocate ( SR-105041[F] dated 16/12/2019 ) KK/SAR/16.12.2019/3P-5C/ 3/3