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Madras High CourtCRL OP/1631/2019allowed

P.Babu v. The State Rep By Its,

2019-01-31Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.1631 of 2019 and M.P.Nos.1031 & 1033 of 2019 1.P.Babu 2.V.Sathiskumar 3.S.Santhoshkumar 4.D.Venkatesh 5.R.Deebak ... Petitioners Vs.

1.State Rep. by The Sub Inspector of Police, T-3, Korattur Police Station, Ambattur.

(Cr.No.275 of 2018) 2.K.Jeevan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the entire records pursuant to the case in C.C.No.141 of 2018 on the file of Judicial Magistrate, Ambattur and quash the final report same by allowing this Criminal Original Petition.

For Petitioners : Mr.M.Vanitha For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 ******

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.141 of 2018, on the file of the Judicial Magistrate, Ambattur, pursuant to the compromise arrived at by the parties.

2. The case is under trial. By passage 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 petitioners and the second respondent and also by their respective counsel. The parties were also present before the Court https://hcservices.ecourts.gov.in/hcservices/

and they were identified by the investigating officer and they have also produced the copies of the Aadhaar Card, which are 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 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 proceedings in C.C.No.141 of 2018 on the file of the learned Judicial Magistrate, Ambattur.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C No.141 of 2018, on the file of the learned Judicial Magistrate, Ambattur, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Consequently, connected miscellaneous petitions are also closed. Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar rm To 1.The Judicial Magistrate, Ambattur.

2.do thro'Chief Judiicial Magistrate, Thiruvallur 3.The Sub Inspector of Police, T-3, Korattur Police Station, Ambattur. (Cr.No.275 of 2018)

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Vanitha , Advocate SR.No. 8873 CRL.O.P.No.1631 of 2019 and M.P.Nos.1031 & 1033 of 2019 A.SK(04/03/2019) https://hcservices.ecourts.gov.in/hcservices/