Madras High Court
WP/21565/2002 of DR.K.JANAKI Vs THE SECRETARY on 21 November 2002
BENCH OF MADRAS HIGH COURT %DATED: 07.03.2019 *CORAM THE
?BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT%DATED: 07.03.2019*CORAMTHE HONOURABLE MR.JUSTICE N.SESHASAYEE+Crl.O.P.(MD)No.3068 of 2019andCrl.M.P.[MD]No.1702 of 2019#Thavasuraja: Petitioner / Accused No.1/Vs./$State through by1.The Inspector of Police,Nerkuppai Police StationSivagangai District. : 1st Respondent / Complainant[Crime No.44 of 2012]
2.Kanagaraj : 2nd Respondent / De factoComplainantPRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. tocall for the records pertaining in C.C.No.177 of 2013 on the file of theJudicial Magistrate, Thiruppathur, Sivagangai District and quash the same.!For Petitioner : Mr.A.Vadivel^For R~1 : Mr.V.NeelakandenAdditional Public Prosecutor For R~2 : Mr.K.Abiya
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:ORDER
The Criminal Original Petition has been filed to quash the proceedingsin C.C.No.177 of 2013 on the file of the Judicial Magistrate, Thiruppathur,Sivagangai District, for alleged offences under Sections 341, 324 and 506(ii)IPC. The offences are private in nature.
2. The case is still in the stage of investigation. By passage oftime, the parties have decided to bury their hatchet and compromise thedispute amicably among themselves.
3. A Joint Memo of Compromise has been filed before this Court whichhave been signed by the petitioner and the second respondent and also bytheir respective counsel. The petitioner and the second respondent were alsopresent in person before this Court and they were identified byMr.G.Chandran, Special Sub~Inspector of Police, Nerkuppai Police Station,Sivagangai District, Contact:83000 00933. This Court also enquired both theparties and was satisfied that the parties have come to an amicablesettlement between themselves.
4. Under such circumstances, no useful purpose will be served inkeeping the proceedings pending, even though, the offences involved are notcompoundable 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 Section482 Cr.P.C. quashes the proceedings in C.C.No.177 of 2013 on the file of theJudicial Magistrate, Thiruppathur, Sivagangai District
5. This Criminal Original Petition stands allowed and as a sequel, theproceedings in C.C.No.177 of 2013 on the file of the Judicial Magistrate,Thiruppathur, Sivagangai District, is quashed and the terms of Joint Memo ofCompromise shall form part and parcel of this order. The petitioner shallpay a sum of Rs.1,000/~ as costs, to the credit of the Chief Justice ReliefFund (payable in Accounts Section of the High Court Registry, Madurai Bench),within a period of one week from the date of receipt of a copy of this orderand file a photocopy of the receipt along with a memo reporting compliance inthe Registry. Consequently, connected Miscellaneous Petition is closed.
To
1. The Judicial Magistrate, Thiruppathur, Sivagangai District.
2. The Inspector of Police,Nerkuppai Police StationSivagangai District.
3. The Additional Public Prosecutor,Madurai Bench of Madras High Court,Madurai.