Dhanasekaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2019

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA 1.Dhanasekaran 2.Palraj 3.Kannagi : Petitioners/Accused Nos.1 to 3 Vs.

1.The State Rep. by The Inspector of Police, Thiruparankundram Police Station, ..Respondent/Complainant 2.Jeeva ..2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in P.R.C.No.63 of 2018, on the file of the learned Judicial Magistrate No.6, Madurai and quash the same.

For Petitioners : Mr.N.Kamesh For R-1 : Mrs.S.Bharathi Government Advocate (Crl.Side) For R-2 : Mr.J.Devasenan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in P.R.C.No.63 of 2018, on the file of the learned Judicial Magistrate No.6, Madurai, for the offences punishable under Section 420 of IPC in Crime No.302 of 2016. 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 has been signed by the petitioner's 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.K.Makendiran, SSI of Police. This Court also enquired both the parties and was satisfied that 1/3

the parties have come to an amicable settlement between themselves.

4.The learned Government Advocate (Crl. side), on instructions, would submit that the dispute between the parties are private in nature and that there is no public interest involved in this matter.

5.Under such circumstances, no useful purpose will be served in keeping the P.R.C.No.63 of 2018 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 charge sheet in P.R.C.No.63 of 2018. 6.It is represented by the learned counsel for the petitioners that the petitioners paid a sum of Rs.5000/-(Rupees Five thousand only) as costs to the Credit of the Madurai Bench High Court Advocates Association (MBHAA) and filed the original cash receipt along with this memo on 09.12.2019. The said submission is placed on record.

7.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in P.R.C.No.63 of 2018, on the file of the learned Judicial Magistrate No.6, Madurai, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar (RECORDS) // True Copy // Sub Assistant Registrar(CS) Encl:Xerox copy of joint compromise memo sji To 1.The Judicial Magistrate No.6, Madurai.

2.The Inspector of Police, Thiruparankundram Police Station, 2/3

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1 CC to Mr.N.KAMESH, Advocate ( SR-104109[F] dated 10/12/2019 ) 09.12.2019 KM/(30.12.2019) 3P 5C 3/3