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Madras High CourtCRL OP(MD)/19878/2023allowed

Melvin Jeyakumar v. The Inspector Of Police

2025-01-20Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P(MD)No.19878 of 2023

1. Melvin Jeyakumar

2. Suresh Kumar

3. Ponnammal ... Petitioners Vs

1. The Inspector of Police, All Women Police Station, Pudukkottai, Tuticorin District. Cr.No.11/2021.

2. Manibala ... Respondents PRAYER: Criminal Original petitions have been filed under Sections 439

(1) (b) of the Code of Criminal Procedure, call for the records relating to the impugned charge sheet in CC No.607/2022 on the file of the Judicial Magistrate No.III Thoothukudi Concerned in Cr.No.11/2021 on the file of the Inspector of Police All women Police Station Pudukkottai Thoothukudi quash the same.

For Petitioner : Mr.K.Muthu Ganesa Pandian, For R1 :Mr.S.Ravi Additional Public Prosecutor For R2 : Mr.B.Balamurugan

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.607 of 2022, on the file of the learned Judicial Magistrate No.III, Thoothukudi.

2. The case is still in the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. Joint compromise memo dated NIL (filed on 01.02.2024) has been filed before this Court which has been signed by the petitioners and the 2nd respondent/de facto complainant 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 Mrs.A.K.Latha, SI of Police, AWPS, Pudhukottai, Thoothukudi District. In the affidavit, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in C.C.No.607 of 2022, on the file of the learned Judicial Magistrate No.III, Thoothukudi.

4.Under such circumstances, no useful purpose will be served in keeping the case 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., to quash the proceedings in C.C.No.607 of 2022, on the file of the learned Judicial Magistrate No.III, Thoothukudi.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.607 of 2022, on the file of the learned Judicial Magistrate No.III, Thoothukudi, is hereby quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. 20.01.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR

To 1.The Judicial Magistrate No.III, Thoothukudi.

2. The Inspector of Police, All Women Police Station, Pudukkottai, Tuticorin District.

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

N.ANAND VENKATESH, J.

LR Crl.O.P(MD)No.19878 of 2023 20.01.2025