Amirtharaj v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.1990 of 2019

1. Amirtharaj

2. Victor Ganeshamoorthy

3. Reeta

4. Suba Jamima

...Petitioners

Vs.

1. The State rep. by The Inspector of Police, W-32,All Women Police Station, Madipakkam, Chennai.

2. Giristy Jabathai

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records charge sheet in C.C.No.90 of 2014 pending on the file of the Judicial Magistrate, Alandur, Which was registered against the petitioners/A1, A2, A3 and A5 herein and quash the same.

For Petitioners : Mr.S.Seenuvasan For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.S.Jayakumar

ORDER

This Criminal Original Petition has been filed to call for the records charge sheet in C.C.No.90 of 2014 pending on the file of the Judicial Magistrate, Alandur, Which was registered against the petitioners/A1, A2, A3 and A5 for an alleged offence under Sections 498 (A), 420 of I.P.C and Section 4 of the Tamil Nadu Prohibition Women Harassment Act.

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

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3. An affidavit has been filed by the second respondent/de-facto complainant before this Court, dated 30.01.2019. In order to identify the respective parties, they have also produced the copy of the Aadhaar Card and is made part of the record. 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 C.C., 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 C.C.No.90 of 2014.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.90 of 2014, on the file of the Judicial Magistrate, Alandur, is quashed and the terms of affidavit has been filed in the typed set of papers along with this petition shall form part and parcel of this order.

*Here enclosed the xerox copies of Terms of Affidavit Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar kal/msrm To

1. The learned Judicial Magistrate, Alandur.

2. The Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Seenuvasan,Advocate SR.No. 7817 Crl.O.P.No.1990 of 2019 A.SK(12/03/2019) https://hcservices.ecourts.gov.in/hcservices/