Kadhargani v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.3348 OF 2022 Kadhargani

...Petitioner

Vs.

1.The State Rep by The Inspector of Police, B-1, North Beach Police Station, Chennai District 2.Abibhulla

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to call for records relating to C.C.No.1304/2021 on the file of VII Metropolitan Magistrate Court at George Town and quash the same.

For Petitioner :

Mr.M.Mohamed Riyas For Respondents :

Mr.A.Gokulakrishnan Public Prosecutor For R1.

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.1304 of 2021 pending on the file of the learned VII Metropolitan Magistrate, George Town, Chennai for the offences punishable under Sections 457 and 380 of IPC. 2.The case is under trial. By efflux of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.A Joint Memo of Compromise has been filed before this Court, which has been signed by the petitioner and the second 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 compromise and have amicably settled their issues in C.C.No.1304 of 2021. This Court also enquired both the parties and was satisfied that the https://hcservices.ecourts.gov.in/hcservices/

parties have come to an amicable settlement between themselves. Further the offences are Compoundable in nature. 4.Under such circumstances, no useful purpose will be served in keeping the proceedings in C.C.No.1304 of 2021 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the proceedings in C.C.No.1304 of 2021.

5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.1304 of 2021 on the file of the VII Metropolitan Magistrate, George Town, Chennai is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar mpl/pns To 1.The Inspector of Police, B-1, North Beach Police Station, Chennai District.

2.The VII Metropolitan Magistrate, George Town, Chennai.

3.The Public Prosecutor High Court of Madras.

+2ccs to Mr.M.Mohamed Riyas, Advocate Sr.No.11465 Crl.O.P.No.3348 of 2022 NK(CO) RVM(16/03/2022) https://hcservices.ecourts.gov.in/hcservices/