Crl.O.P(MD)No.7376 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 22.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

Crl.O.P(MD)No.7376 of 2022

1.K.Balamurugan

2.P.Kandasamy

3.K.Valarmathi

4.S.Rajendran

5.R.Nagajothi

...Petitioners/Accused Nos.1 to 5

Vs.

1.State rep. by

The Inspector of Police,

All Women Police Station,

Thiruparankundram,

Madurai City, Madurai.

(Cr.No.12 of 2021)

... 1^st Respondent/Complainant

2.Muthulakshmi

... 2^nd Respondent/De facto Complainant

3.xxx

Madurai.

...3^rd Respondent/Victim

Prayer: Criminal Original Petition is filed under Section 482

Cr.P.C., to call for the records in Spl.S.C.No.164 of 2021, pending

on the file of the Principal Special Court for Exclusive trial of

case under POSCO Act, Madurai and quash the same.

For Petitioners

: Mr.K.Dinesh

For R1

: Mr.R.M.Anbunithi

Additional Public Prosecutor

For R2

: Mr.P.Karthick

For R3

: Mr.M.Rupan

ORDER

This Criminal Original Petition has been filed to quash the

proceedings in Spl.S.C.No.164 of 2021 on the file of the Principal

Special Court for Exclusive trial of case under POSCO Act, 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.

1/3

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

Crl.O.P(MD)No.7376 of 2022

3.A Joint Memo of Compromise has been filed before this Court

which have been signed by the petitioners and the third respondent

and also by their respective counsel.

4.Under such circumstances, no useful purpose will be served in

keeping the First Information Report pending before the respondent

police. 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 Charge Sheet in Spl.S.C.No.164

of 2021 on the file of the Principal Special Court for Exclusive

trial of case under POSCO Act, Madurai.

5. This Criminal Original Petition stands allowed and as a

sequel, the proceedings in Spl.S.C.No.164 of 2021 on the file of the

Principal Special Court for Exclusive trial of case under POSCO Act,

Madurai, is quashed insofar as the petitioners alone and the terms

of joint compromise memo 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 credit of Government of Tamil Nadu, CMPRF in

IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070,

IFSC Code: IOBA0001172) on or before 01.05.2022 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. Consequently connected miscellaneous

petition is closed.

Sd/-

Assistant Registrar(RTI)

// True Copy //

/ /2022

Sub Assistant Registrar(CS)

vsd

Encl.: xerox copy of Joint Compromise memo.

Note: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.

To

1.The Principal Special Court for Exclusive trial of case

under POSCO Act, Madurai.

2/3

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

Crl.O.P(MD)No.7376 of 2022

2.The Inspector of Police,

All Women Police Station,

Thiruparankundram,

Madurai City, Madurai.

3. The Officer Incharge,

Chief Ministers Public Relief Fund,

Finance(CMPRF) Department, Government of Tamil Nadu,

Secretariat, Chennai 600 009.

4. The Additional Public Prosecutor,

Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.7376 of 2022

22