Selvaraj v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2020

CORAM:

THE HON'BLE MR. JUSTICE P. RAJAMANICKAM Crl.O.P. No.940 of 2020 and Crl.MP.No.577 of 2020 1.Selvaraj

2. Pappathi

3. Bhuvaneshwari ... Petitioners Vs.

1. The State Rep by Inspector of Police, All Women Police Station, Namakkal District.

2. M.Jothi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash the proceedings in C.C.No.254/2019 pending on the file of the Additional Mahila Court, Namakkal District for offences under Sections 498(A), 406 and 506(i) of IPC.

For Petitioners : Mr.Deepan Uday For Respondents : Mr.C.Raghavan, Government Advocate for R1 Mr.L.Sharadh Kumar for R2

ORDER

This Criminal Original Petition has been filed by the petitioners/accused Nos.2 and 3 to call for the records and to quash the proceedings in CC.No.254 of 2019 for the offences punishable under Sections 498-A, 406 and 506(i) of IPC as against the petitioners which is pending on the file of the Additional Mahila Court, Namakkal District .

2. The second respondent, who is the defacto complainant has lodged a complaint against the petitioners and based on the same, the first respondent has registered an FIR in Crime No.7 of 2019 and after investigation filed charge sheet under Sections 498-A, 406 and 506(i) of IPC

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

4. A joint memo of Compromise, dated 20.02.2020, has been filed before this Court which has been signed by the petitioners and the 2nd respondent and also by their respective counsel. The petitioners and the 2nd respondent also present in person before this Court. 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. 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 Case in CC.No.254 of 2019 on the file of the Additional Mahila Court, Namakkal District.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in CC.No.254 of 2019 on the file of the Additional Mahila Court, Namakkal District, is hereby quashed against the petitioners/accused Nos.1 to 3 and the terms of Memo of Compromise shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Vv

To

1. The Additional Mahila Court, Namakkal District.

2. The Inspector of Police, All Women Police Station, Namakkal District.

3. The Public Prosecutor, High Court, Madras.

+1cc to M/s.Deepan Uday ,Advocate Sr.No. to 15075 Crl.O.P. No.940 of 2020 GP(CO) KKV/22/05/2020