Madras High Court
Sakthivel vs State Rep. By on 25 November, 2019
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 25.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.(MD).No.17414 of 2019
and
Crl.M.P(MD) No.10255 of 2019
Sakthivel ... Petitioner
Vs.
1.State rep. by
The Inspector of Police,
Thanjavur East Police Station
Thanjavur District
2.Selvam
3.Meena ... Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of
Cr.P.C. to call for the records relating to the case in SSC No.24 of
2014 on the file of the Sessions Court, Mahial Judge cum (FTC)
Thanjavur and quash the same.
For Petitioner : Mr.R.Maheswaran
For R-1 : Mr.K.Suyambulinga Bharathi
Government Advocate (Crl. side)
For R-2 : Mr.C.Susikumar
ORDER
The Criminal Original Petition has been filed to quash the http://www.judis.nic.in 2 proceedings in SSC No.24 of 2014 on the file of the Sessions Court, Mahial Judge cum (FTC) Thanjavur for an alleged offences under Sections 366(A) of IPC and Section 4 and 17 of POCSO Act @ 366(A), 344 of IPC ad Section 6 and 17 of POCSO Act, 2012.
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 third respondent and also by their respective counsel. The petitioner and the third respondent were also present in person before this Court and they were identified by Mr.R.K.Ravikumar, SSI of Police. 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 the First Information Report pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court http://www.judis.nic.in 3 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 proceedings in SSC No.24 of 2014
5.It is represented by the learned counsel for the petitioner that the petitioner paid a sum of Rs.5000/- (Rupees Five Thousand only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry) on 25.11.2019 and filed the original receipt along with the memo. The said submission is placed on record.
6. Hence, this Criminal Original Petition stands allowed and as a sequel, the proceedings in SSC No.24 of 2014 on the file of the Sessions Court, Mahial Judge cum (FTC) Thanjavur, is quashed insofar as the petitioner alone and the terms of joint compromise memo shall form part and parcel of this order. Consequently connected miscellaneous petition is also closed.
25.11.2019 Index: Yes/No Internet: Yes/No aav Note: Issue order copy on 26.11.2019 http://www.judis.nic.in 4 To
1. The Sessions Court, Mahial Judge cum (FTC) Thanjavur
2.The Inspector of Police, Thanjavur East Police Station Thanjavur District
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in 5 G.K.ILANTHIRAIYAN, J., aav Crl.O.P.(MD).No.17414 of 2019 25.11.2019 http://www.judis.nic.in