Madras High Court
Ajithkumar vs State Represented By on 4 October, 2024
Crl.O.P.(MD)No.15407 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.10.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.15407 of 2024
and
Crl.M.P(MD)No.9633 of 2024
Ajithkumar ... Petitioner
Vs.
1.State represented by
The Inspector of Police,
Traffic Investigation Wing II,
Madurai District.
(Crime No.227 of 2023)
2.Santhosaraj ... Respondents
PRAYER : Criminal Original Petition filed under Section 528 of BNSS,
to call for the records relating to the charge sheet in S.T.C.No.1156 of
2024 on the file of the Judicial Magistrate Court No.VI, Madurai and
quash the same as illegal.
For Petitioner : Mr.Porkodi Karnan,
For R1 : Mr.K.Sanjai Gandhi,
Government Advocate (Crl. Side)
For R2 : Ms.M.Monisha
1/6
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Crl.O.P.(MD)No.15407 of 2024
ORDER
This Criminal Original Petition has been filed, invoking Section
482 Cr.P.C., seeking orders, to call for the records relating to the charge
sheet in S.T.C.No.1156 of 2024 on the file of the Judicial Magistrate
Court No.VI, Madurai and quash the same as illegal.
2. The case of the prosecution is that the defacto complainant was
riding his two wheeler along with one Imran khan as pillion rider and
that he properly signaled that he is going to turn his vehicle towards
west at the Sundaram Park Road, at the time the petitioner came from
south to north at high speed in his bike in a rash and negligent manner
dashed against the defacto complainant. Hence the complaint.
3. The learned counsel appearing for the petitioner would submit
that the second respondent has lodged a complaint before the first
respondent and on that basis, FIR came to be registered in Crime No.227
of 2023 and after investigation and filing of the final report, the same
was taken cognizance in S.T.C.No.1156 of 2024 on the file of the
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Crl.O.P.(MD)No.15407 of 2024
Judicial Magistrate Court No.VI, Madurai, for the offences under
Sections 279, 337 of IPC and Section 185 of Motor Vehicles Act 1988.
4. The case is under trial. By passage of time, the parties have
decided to bury their hatchet and compromise the dispute amicably
among themselves.
5. A Joint Memo of Compromise, dated 19.09.2024 has been filed
before this Court which have been signed by the petitioner and the
second respondent and also by their respective counsels. The petitioner
and the second respondent are present before this Court and and they
were identified by Ms.A.Sumathi, WSSI, Traffic Investigation Wing II,
Madurai District as well as by the learned counsels appearing for the
parties. This Court also enquired both the parties and was satisfied that
the parties have come to an amicable settlement between themselves.
6. In the instant case, the dispute is of personal in nature and the
parties had compromised. Where the parties have compromised the
matter, the High Court has to power to quash the complaint for the
offence under Sections 279, 337 of IPC and Section 185 of Motor
Vehicles Act 1988.
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Crl.O.P.(MD)No.15407 of 2024
7. The legal position expressed by the Hon'ble Apex Court in the
case of Gian Singh vs. State of Panjab and another reported in
(2012)10 SCC 303 and Parbathbhai Aahir @ Parbathbhai Vs. State of
Gujrath) reported in (2017)9 SCC 641 were taken into consideration.
8. In the light of the guidelines issued in the above said
Judgments of the Hon'ble Apex Court, no useful purpose will be served
in keeping the proceedings in S.T.C.No.1156 of 2024 as against the
petitioner pending before the Judicial Magistrate VI, Madurai, even
though, the offences involved are not compoundable in nature.
9. Accordingly, this Criminal Original Petition is allowed and the
proceedings in S.T.C.No.1156 of 2024, on the file of the learned Judicial
Magistrate VI, Madurai, is quashed as against the petitioner and the joint
compromise memo, dated 19.09.2024 shall form part and parcel of this
order. Consequently, connected Miscellaneous Petition is closed.
03.10.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
das
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Crl.O.P.(MD)No.15407 of 2024
To
1.The Judicial Magistrate VI, Madurai.
2.The Inspector of Police,
Traffic Investigation Wing II,
Madurai District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD)No.15407 of 2024
K.MURALI SHANKAR,J.
das
Order made in
Crl.O.P.(MD)No.15407 of 2024
and
Dated: 03.10.2024
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