The Court permitted the petitioner to file a compromise memo before the Trial Court to compound the offence without adjudicating merits, directing the Judicial Magistrate to entertain the memo if filed.
Permission granted to file compromise memo; Trial Court directed to entertain same and compound offence upon filing.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2020
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.14026 of 2011 and M.P.Nos.1 & 2 of 2011
Fr.M.Devadoss. S.J. Provincial
The Society of Jesus Madurai Province St.Mary's, Dindigul. ... Petitioner Vs. Sr.Florance Mary ... Respondent
Prayer: This petition has been filed under Section 482 of Cr.P.C., seeking to call for the records in connection with C.C.72 of 2011 on the file of the Court of Judicial Magistrate at Jayamkondam, Ariyalur District and quash the complaint dated 02.03.2011 as well as the consequent summon dated 10.03.2011.
For Petitioner : Mr.P.Godson Swaminathan For Respondent : Mr.N.Sankar Ganesh
This criminal original petition has been filed seeking to call for the records in connection with C.C.72 of 2011 on the file of the Court of Judicial Magistrate at Jayamkondam, Ariyalur District and quash the complaint dated 02.03.2011 as well as the consequent summon dated 10.03.2011.
2.The learned counsel appearing for the petitioner would submit that the petitioner and the respondent have entered into compromise. Hence, he prays that this Court, without going into the merits of the case, may permit the petitioner to file a compromise memo before the Trial Court and on filing of such compromise memo, the Trial Court may be directed to entertain the same in the light of the decision of the Hon'ble Apex Court and to pass appropriate orders for compounding the offence.
3.The learned counsel appearing for the respondent would
concede to the request made by the learned counsel appearing for the petitioner.
4.Considering the request made by the learned counsel appearing for the petitioner, this Court permits the petitioner to file the compromise memo before the Judicial Magistrate Court at Jayamkondam, Ariyalur District. On filing of such compromise memo, the learned Judicial Magistrate at Jayamkondam, Ariyalur District is directed to entertain the same and compound the offence, in accordance with law.
5.With the above directions, this criminal original
petition is disposed of. Consequently, connected
miscellaneous petitions, if any, are closed.
Sd/-
Assistant Registrar (CCC)
Dated: 18.02.2020
* Para 2 and 4 are corrected as per
order of this Court dated 27/02/2020
in Crl.OP.No. 14026 of 2011
Sd/- Assistant Registrar(CCC)
Dated: 11.03.2020
//True Copy//
Sub Assistant Registrar
gbi
To
1.The Judicial Magistrate,
Jayamkondam,
Ariyalur District.
2.Do Thro The Chief Judicial Magistrate,
Ariyalur District.
+1cc to Mr.P.Godson Swaminath, Advocate, S.R.No. 4019
Crl.O.P.No.14026 of 2011 and M.P.Nos.1 & 2 of 2011
LN(CO) GN(21/02/2020) GN(11/03/2020)
1 provisions across 1 enactments
Fr.M.Devadoss. S.J.
The Society of Jesus Madurai Province St.Mary's, Dindigul
Sr.Florance Mary
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
