M.Rajapandiyan v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2021 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and Crl.M.P.Nos.1189 and 1191 of 2021

1. M.Rajapandiyan

2. J.Giridharan

3. J.Arun .. Petitioners Vs.

1. The State Rep. by, The Inspector of Police, F-1, Chintadripet Police Station, Chennai.

Crime No.1344 of 2016.

2. Mrs.Daisy .. Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records and quash the proceedings in C.C.No.3266 of 2020, pending before the learned XIV Metropolitan Magistrate Court, Egmore at Chennai.

For Petitioners : Mr.S.Sugendran For Respondent No.1 : Mr.C.Raghavan Government Advocate For Respondent No.2 : Mr.K.Karthik

ORDER

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in C.C.No.3266 of 2020, pending on the file of XIV Metropolitan Magistrate Court, Egmore at Chennai and quash the same.

2.

The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromised the dispute amicably among themselves. 3.

The compromise affidavit dated 06.01.2021 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present through Video conferencing and they were identified by Mr.Johnson, The Inspector of Police, F-1, Chintadripet Police Station, Chennai.. In the affidavit, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their

issues in C.C.No.3266 of 2020. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4. Under such circumstances, no useful purpose will be served in keeping the case 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), and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the case in C.C.No.3266 of 2020, pending on the file of XIV Metropolitan Magistrate Court, Egmore at Chennai.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.3266 of 2020, pending on the file of XIV Metropolitan Magistrate Court, Egmore at Chennai, is quashed and

the terms of Memo shall form part and parcel of this order. The petitioners shall pay a sum of Rs.1500/- (Rupees One Thousand five hundred only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. 23.02.2021 Index :Yes/No Internet:Yes/No rka To

1. The Inspector of Police, F-1, Chintadripet Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J.

rka 23.02.2021