Allowed

E.Permual v. the Inspector of Police

Madras HC17 Jun 2021CRL OP/8181/2021

Case brief

AI extract

What is this about?

In a criminal original petition filed under Section 482 Cr.P.C. to quash criminal charges, the High Court allowed the petition. Relying on Supreme Court guidelines, the Court observed that the parties had amicably compromised. Consequently, the pending proceedings were quashed as no useful purpose would be served in continuing the trial post-settlement.

What did the court decide?

The proceedings in C.C.No.10 of 2020 pending on the file of the Judicial Magistrate No. II, Ponneri, are quashed.

E.Permual Vs the Inspector of Police — Quashing and FIR | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.06.2021

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CORAM

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.O.P.No.8181 of 2021

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E.Perumal ...Petitioner / Accused-1

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Versus

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State rep by its, Inspector of Police Manali New Town Police Station Madhavarm

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Chennai 600 060.

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Mani @ Subramani ...Respondents/De-Facto Complainant

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Prayer: This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code praying to call for the records relating in C.C.No.10 of 2020 on the file of the Judicial Magistrate Court-II, Ponneri quash the same.

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For Petitioner : Mr.G.Mohammed Aseef

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For Respondents : Mr.A.Damodaran for R1 Government Advocate (Crl.Side)

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O R D E R

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The Criminal Original Petition has been filed to call for the records relating in C.C.No.10 of 2020 on the file of the Judicial Magistrate Court-II, Ponneri and quash the same.

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The case is still at the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

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A Joint Memo of Compromise dated 22.03.2021 has been filed before this Court which have been signed by the petitioner and the 2^nd respondent and also by their respective counsel. In the Joint Memo of compromise it has been stated that the petitioner and the second respondent have entered into a

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https://hcservices.ecourts.gov.in/hcservices/

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compromise and amicably settled their issues in CC.No.10 of 2020. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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Under such circumstances, no useful purpose will be served in keeping the case 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), and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the case in C.C.No.10 of 2020, pending on the file of the learned Judicial Magistrate No.II, Ponneri.

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This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.10 of 2020, pending on the file of the learned Judicial Magistrate No.II, Ponneri, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/-

Assistant Registrar

//True Copy//

Sub Assistant Registrar

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dna

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The Judicial Magistrate No.II, Ponneri.

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The Inspector of Police Manali New Town Police Station Madhavarm Chennai 600 060.

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The Public Prosecutor High Court, Madras.

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Crl.O.P.No.8181 of 2021

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JPL(CO) CT/28/07/2021

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https://hcservices.ecourts.gov.in/hcservices/

E.Permual v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

E.Permual v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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Cases cited

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