Allowed

Bharathi v. The Sub Inspector of Police

Madras HC17 Mar 2022CRL OP(MD)/3955/2022

Case brief

AI extract

What is this about?

This Criminal Original Petition sought quashing of criminal proceedings due to a mutual compromise between parties. The High Court quashed the proceedings under Section 482 Cr.P.C. relying on Supreme Court guidelines, directing the petitioners to pay costs to the State authorities by a specified deadline.

What did the court decide?

C.C.No.361 of 2020 proceedings quashed; petitioners directed to pay Rs.5,000 costs to State authorities by 25.03.2022.

Bharathi Vs The Sub Inspector of Police — Quashing and FIR | Madras HC (2022)

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Crl.O.P.(MD)No.3955 of 2022

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BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT

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DATED: 17.03.2022

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CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.3955 of 2022

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1.Bharathidasan

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2.Janaki

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... Petitioners/Accused Nos.1 & 2

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Vs.

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1.The State represented by, The Sub-Inspector of Police, Kadayam Police Station, Tenkasi District. (Crime No.169 of 2014) ... 1^st Respondent/Complainant 2.B.Esakkiammal ... 2^nd Respondent/Defacto Complainant

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Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records pertaining to the charge sheet in C.C.No.361 of 2020 for the offences under Sections 294(b), 323, 355 and 506(ii) of I.P.C and Section 4 of TNPHW Act, 2002 pending before the learned Judicial Magistrate, Ambasamudram, Tenkasi District and quash the same.

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For Petitioners : Mr.V.Maya Kannan For R – 1 : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side) For R – 2 : Mr.J.Pandi Dorai

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ORDER

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The Criminal Original Petition has been filed to quash the proceedings as against the petitioners in C.C.No.361 of 2020 for the offences under Sections 294(b), 323, 355 and 506(ii) of I.P.C and Section 4 of TNPHW Act, 2002 pending on the file of the learned Judicial Magistrate, Ambasamudram, Tenkasi District.

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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.

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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.

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

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Crl.O.P.(MD)No.3955 of 2022

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Under such circumstances, no useful purpose will be served in keeping the proceedings in C.C.No.361 of 2020 on the file of the learned Judicial Magistrate, Ambasamudram, Tenkasi District in Crime No.169 of 2014, dated 15.05.2014, 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 C.C.No.361 of 2020.

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5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.361 of 2020 on the file of the learned Judicial Magistrate, Ambasamudram, Tenkasi District in Crime No.169 of 2014, dated 15.05.2014, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.5,000/- (Rupees Five Thousand only) as costs, to the District Siddha Medical Officer, CCRI, Periyakulam in State Bank of India, Periyakulam Branch bearing Account No.10767823177, IFSC No.SBIN000898, MICR Code No.625002601, on or before 25.03.2022 and the receipt of payment shall be produced before the concerned Court, failing which the order shall stand dismissed automatically without any further reference to this Court and the receipt of payment shall be produced before the concerned Court, failing which the order shall stand dismissed automatically without any further reference to this Court.

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Assistant Registrar(CRL SIDE)

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// True Copy //

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/ /2022 Sub Assistant Registrar(CS) ENCL.: XEROX COPY OF JOINT COMPROMISE MEMO. Note :

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In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

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

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Crl.O.P.(MD)No.3955 of 2022

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1.The Judicial Magistrate, Ambasamudram, Tenkasi District. 2.The Sub-Inspector of Police, Kadayam Police Station, Tenkasi District.

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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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