Madras High Court
Arul Jerin Kasten @ Jerin 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.5090 of 2020
1. Arul Jerin Kasten @ Jerin
2. Joseph
3. Konson
4. Rexson
5. Alphonsal
6. Jeshany @Thesany ...Petitioners
Vs.
1. The Inspector of Police
All Women Police Station
Colachal, Kanyakumari District
2. Soni ...Respondents
PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to
to call for the records relating to the CC No. 51 of 2014 on the file of the
learned Judicial Magistrate, Eraniel
For Petitioners : Mr.S.J.Chakkaravarthy
For Respondents : Mr.R.M.Anbunithi
No.1 Additional Public Prosecutor
No.2 : Mr.T.Vigneshwarn
https://www.mhc.tn.gov.in/judis
2
ORDER
The Criminal Original Petition has been filed to quash the proceedings in CC No. 51 of 2014 on the file of the learned Judicial Magistrate, Eraniel .
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 petitioners and the second respondent and also by their respective counsel.
4. Under such circumstances, no useful purpose will be served in keeping the CC No. 51 of 2014 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. 51 of 2014 https://www.mhc.tn.gov.in/judis 3
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in CC No. 51 of 2014 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.
27.04.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order aav To
1. The Judicial Magistrate, Eraniel
2. The Inspector of Police All Women Police Station Colachal, 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.5090 of 2020 27.04.2022 https://www.mhc.tn.gov.in/judis