R.Kulothunga Prasad v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.No.478 of 2020 1.R.Kulothunga Prasad 2.R.Shanthi 3.Ramakrishnan 4.R.Bakthavatchalan 5.R.Pratyusha @ Usha

...Petitioners

Vs.

1.The Inspector of Police All Women Police Station, Villupuram.

2.Deepika

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in connection with C.C.No.4 of 2019 on the file of Additional Mahila Court, at Villupuram and quash the same.

For Petitioner : Mr.S.Velmurugan For Respondents : Mr.M.Mohamed Riyaz for R1 Additional Public Prosecutor :Mr.B.Dinesh Kumar for R2

ORDER

This Criminal Original Petition has been filed to call for records in C.C.No.4 of 2019 on the file of Additional Mahila Court, at Villupuram and quash the same.

2. Based on the complaint lodged by the second respondent, the first respondent has registered FIR in Cr.No.25 of 2018 against the petitioners herein and after investigation filed charge sheet under Sections 498A IPC and Section 4 of Dowry Prohibition Act.

3. The case is still in the stage of trial. By passage of time, the parties have decided to bury their hatchet and https://hcservices.ecourts.gov.in/hcservices/

compromise the dispute amicably among themselves.

4. A joint affidavit of compromise dated 03.02.2020 has been filed by the Petitioners/ and the 2nd respondent before this Court. The petitioners and the second respondent are also present in person before this Court and they are identified by the first respondent. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and the same are made part of the record. In the compromise memo, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues. This Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves.

5. Under such circumstances, no useful purpose will be served in keeping the case pending against the petitioners. Even though, the offence involved is 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 is inclined to exercise its jurisdiction under Section 482 Cr.P.C. and quashes this Case.

6. In the result, this Criminal Original Petition stands allowed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar drl To 1.The Additional Mahila Judge, Villupuram.

2.The Inspector of Police All Women Police Station, Villupuram.

3.The Public Prosecutor, High Court, Madras.

+3cc to Mr.S.Velmurugan, Advocate SR.8980 CRL.OP.No.478 of 2020 CB(13/07/2020) https://hcservices.ecourts.gov.in/hcservices/