Selvaganesh vs The State Rep. By The on 12 November, 2018

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Madras High Court

Selvaganesh vs The State Rep. By The on 12 November, 2018

Bench: A.D.Jagadish Chandira

                                                       1

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 12.11.2018

                                                     CORAM:

                          THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA

                                      Crl.O.P.(MD).No.19360 of 2018
                                                   and
                                       Crl.M.P.(MD)No.8760 of 2018

             1.Selvaganesh
             2.Sounthirapandi
             3.Nambiyammal
             4.Raja @ Thennarasu
             5.Elango                                                        ...Petitioners
                                                      Vs.

             1.The State rep. by the
               Inspector of Police,
               Kallidaikurichi Police Station,
               Tirunelveli.
              (In Crime No.162 of 2016)

             2.Babykumari                                                    ...Respondents

             PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C. to
             call for the records relating to the charge sheet in C.C.No.217 of 2018 on the
             file of the learned Judicial Magistrate, Ambasamudram and quash the same as
             illegal.


                                    For Petitioner     : Mr.S.Ajmeer Kaja
                                    For R1             : Mr.R.Anandharaj
                                                           Additional Public Prosecutor
                                    For R2             : Mr.K.Anand




http://www.judis.nic.in
                                                        2



                                                   ORDER

This Criminal Original Petition has been filed to quash the proceedings C.C.No.217 of 2018 on the file of the learned Judicial Magistrate, Ambasamudram.

2. The case is still in the stage of investigation. 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 petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4. Under such circumstances, no useful purpose will be served in keeping C.C.No.217 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 C.C.No.217 of 2018. http://www.judis.nic.in 3

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.217 of 2018, on the file of the first respondent is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Consequently, connected miscellaneous petitions are also closed.




                                                                          12.11.2018
             Index          : Yes / No
             Internet       : Yes / No
             ta


             To

1.The Judicial Magistrate, Ambasamudram.

2.The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli.

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

http://www.judis.nic.in 4 A.D.JAGADISH CHANDIRA,J.

ta Crl.O.P.(MD).No.19360 of 2018 12.11.2018 http://www.judis.nic.in

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