Madras High Court
John Pritto vs The Inspector Of Police on 27 April, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.04.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD) No.7359 of 2022
John Pritto ...Petitioner
Vs.
1. The Inspector of Police
Mondaikadu Police Station
Mondaikadu
Kanyakumari District
2. Justus ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to
to call for the records pertaining to the charge sheet in CC No.15 of 2021 on
the file of the learned Judicial Magistrate, Eraniel inso fas the petitioner /A4 is
concerned.
For Petitioners : Mr.A.A.Rajkumar Sen
For Respondents : Mr.R.M.Anbunithi
No.1 Additional Public Prosecutor
No.2 : Mr.C.R.Nirmal
ORDER
The Criminal Original Petition has been filed to quash the proceedings in CC No.15 of 2021 on the file of the learned Judicial Magistrate, Eraniel . https://www.mhc.tn.gov.in/judis 2
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 and the second respondent and also by their respective counsel. The parties were present before this Court and they were identified by their respective counsels.
4. Under such circumstances, no useful purpose will be served in keeping the CC No.15 of 2021 on the file of the learned Judicial Magistrate, Eraniel, 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 C.C.No. 15 of 2021
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in CC No.15 of 2021 on the file of the learned Judicial Magistrate, Eraniel, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the credit of https://www.mhc.tn.gov.in/judis 3 Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172) or before 13.05.2022 and produce the receipt before the concerned court, failing which the order shall stand dismissed automatically without any further reference to this Court.
27.04.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order aav Note: Issue order copy on or before 06.05.2022 To
1. The Judicial Magistrate, Eraniel
2. The Inspector of Police Mondaikadu Police Station Mondaikadu Kanyakumari District
3. The Additional Public Prosecutor Madurai Bench of Madras High Court
4.The Joint Secretary to Government, CMPRF (Finance Department), Secretariat Branch, Chennai-9.
https://www.mhc.tn.gov.in/judis 4 G.K.ILANTHIRAIYAN.J., aav Crl.O.P.(MD) No.7359 of 2022 27.04.2022 https://www.mhc.tn.gov.in/judis