Madras High Court
Alex Kumar vs The State Rep. By on 9 January, 2020
Author: A.D. Jagadish Chandira
Bench: A.D. Jagadish Chandira
Crl.O.P.(MD)No. 19406 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.01.2020
CORAM:
THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA
Crl.O.P.(MD).No.19406 of 2019
Alex Kumar ..Petitioner/A2
Vs.
1. The State rep. by
The Sub-Inspector of Police,
Railway Police Station,
Tenkasi, Tirunelveli District.
Crime No. 2 of 2019.
2. Vanish ... Respondents
PRAYER: This Criminal Original Petition has been filed under Section 482 of
Criminal Procedure Code, to call for the records in C.C. No. 309 of 2019 on the
file of the learned Judicial Magistrate, Tenkasi and to quash the same.
For Petitioner : Mr.K.P. Narayanakumar
For R1 : Mrs.S.Bharathi
Government Advocate (Crl. side)
For R2 : Mr.A. Balakrishnan
ORDER
The Criminal Original Petition has been filed to quash the proceedings in C.C.No. 309 of 2019, on the file of the learned Judicial Magistrate, Tenkasi, for the offences punishable under Sections 147, 148, 341, 294(b), 324 and 506(2) of IPC, in Crime No.2 of 2019.
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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 have been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.I. John, Sub- Inspector 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 proceedings in C.C.No. 309 of 2019 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 the proceedings in C.C.No.309 of 2019.
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 and filed the original cash receipt along with this memo on 09.01.2020. The said submission is placed on record. 2/4 http://www.judis.nic.in Crl.O.P.(MD)No. 19406 of 2019
6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No. 309 of 2019, on the file of the learned Judicial Magistrate, Tenkasi, is quashed and the terms of joint compromise memo shall form part and parcel of this order.
09.01.2020
Index : Yes / No
Internet : Yes / No
ksa
Note : Issue a copy of order on 10.01.2020 To
1. The Judicial Magistrate, Tenkasi.
2. The Sub-Inspector of Police, Railway Police Station, Tenkasi, Tirunelveli District.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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