Chandrasekar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P(MD)No.21914 of 2023 1.Chandrasekar 2.Praveenkumar

...Petitioners

vs.

1.The State rep by Rep by Sub Inspector of Police, Amathur Police Station, Virudhunagar District.

2.Alex Pradhap

...Respondents

PRAYER: Criminal Original petitions have been filed under Section 482 of Code of Criminal Procedure, to call for the records and to quash the proceedings in C.C.No.351 of 2023 on the file of the Judicial Magistrate No.Ii, Virudhunagar.

For Petitioners : Mr.M.Meenatchi For R1 :Mr.A.Albert James Government Advocate (Crl.Side) For R2 : Mr.S.Prabhu

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.351 of 2023, on the file of the learned Judicial Magistrate No.II, Virudhunagar.

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 20.11.2024, 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 M.S.Venkateshwaran, Special Sub Inspector of Police, Amathur Police Station. 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.351 of 2023, on the file of the learned Judicial Magistrate No.II, Virudhunagar. 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.351 of 2023, on the file of the learned Judicial Magistrate No.II, Virudhunagar.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.351 of 2023, on the file of the learned Judicial Magistrate No.II, Virudhunagar, is hereby quashed in entirety and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.1,000-/ (Rupees One Thousand only) as costs, to the credit of the President, Tamil Nadu Advocate's Clerk Association, Madras High Court, Chennai (Indian Bank, High Court

Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of two weeks from the date of receipt of copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

25.11.2024 Internet :Yes Index :Yes/No NCC :Yes/No ta To 1.The Judicial Magistrate No.II, Virudhunagar. 2.The Sub Inspector of Police, Amathur Police Station, Virudhunagar District.

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

N.ANAND VENKATESH, J.

ta Crl.O.P(MD)No.21914 of 2023 25.11.2024