Senguttuvan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.12.2018

CORAM:

THE HON'BLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.26040 of 2015 and M.P.No.1 of 2015 Senguttuvan ... Petitioner/1st Accuse Vs.

1. State rep by The Inspector of Police, Sirkali All Women Police Station, Sirkali, Nagapattinam District.

(Ref. Crime No.10 of 2012 dated 29.09.2012)

2. Bhararthi ... 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.204 of 2013 pending on the file of the learned Judicial Magistrate, Sirkali, Nagapattinam District.

For Petitioner : Mr.K.Surendar For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the charge sheet in C.C.No.204 of 2013 pending on the file of the learned Judicial Magistrate, Sirkali, Nagapattinam District pursuant to the compromise arrived at by the parties.

2. 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. 3.An affidavit of the defacto complainant has been filed before this Court. The parties were also present before the Court and they have also produced the copies of the Aadhaar Card which are made part of the record. This Court also enquired both https://hcservices.ecourts.gov.in/hcservices/

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 First Information Report 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 First Information Report in C.C.No.204 of 2013.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.204 of 2013 pending on the file of the learned Judicial Magistrate, Sirkali, Nagapattinam District is quashed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar dss To

1. The Judicial Magistrate, Sirkali, Nagapattinam District.

2. The Inspector of Police, Sirkali All Women Police Station, Sirkali, Nagapattinam District.

3. The Public Prosecutor, Madras High Court.

+1cc to Mr.K.Surendar, Advocate SR.No.87812 Crl.O.P.No.26040 of 2015 VGI(CO) GMY(09/01/2019) https://hcservices.ecourts.gov.in/hcservices/