Madras High Court
Kaliyappan vs The State Rep.By on 28 September, 2018
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.09.2018
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.(MD).No.5423 of 2018
1. Kaliyappan
2. Kandasamy @ Ummadurai
3. Pandimuni : Petitioners
Vs.
1. The State rep.by,
The Inspector of Police
T.Kallupatti Police Station
Madurai District
2. Mahalingam : Respondents
PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to
call for the records connected with the case in S.C.No.224 of 2012 on the
file of the Hon'ble IV Additional District Court, Madurai and quash the same
as against the petitioners as illegal
For Petitioners : Mr.R.Alagumani
^For R1 : Mr.K.Suyambulinga Bharathi
Government Advocate(Crl.Side)
For R2 : Mr.L.M.Vijay Boominathan
:ORDER
The Criminal Original Petition has been filed to quash the proceedings in S.C.No.224 of 2012 on the file of the Hon'ble IV Additional District Court, Madurai.
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 have been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. The parties were also present before the Court they have also produced the copies of the Aadhaar Card which are made part of the record. 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 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 S.C.No.224 of 2012.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.224 of 2012 on the file of the Hon'ble IV Additional District Court, Madurai, in so far as the petitioners herein are concerned is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.300/- (Rupees Thee Hundred only) as costs, to the credit of the ?District Siddha Medical Officer, CCRI, Periyakulam? (payable in Account No.10767823177, SBI, Periyakulam), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. It is made clear that the case can proceed insofar as other accused persons are concerned To
1.The District Siddha Medical Officer, CCRI, Periyakulam
2. The IV Additional District Court, Madurai
3.The The Inspector of Police T.Kallupatti Police Station Madurai District
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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