Praburam v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.4134 of 2024 Praburam

...Petitioner / Accused

.Vs.

1.State rep.by The Inspector of Police All Women Police Station Ammapet, Salem District.

.. Respondent/Complainant (Crime No.55/2023) 2.Mrs.Megala .. Respondent/De facto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records of C.C.No.1466 of2023, pending on the file of the Additional Mahila Court (FTC-Level), Salem and quash the same.

For Petitioners : Mr.B.Kumarasamy For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.1466 of2023, pending on the file of the Additional Mahila Court (FTC-Level), Salem.

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.

3. A Joint Compromise Memo dated 18.1.2024 signed by both petitioner and the second respondent/de facto complainant and their respective counsel has been filed before this Court. An affidavit has also been filed by the second respondent/de facto complainant before this Court. In order to identify the respective parties they have also produced the copy of the Aadhaar Card is made part of the record. The petitioner and the second respondent/de facto complainant were also present in person before this Court and they were identified by M.Anjalidevi, W.Gr.I-1784, Ammapet AWPS, Salem City. In the affidavit, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in C.C.No.1466 of2023, pending on the file of the Additional Mahila Court (FTC-Level), Salem.

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 Supreme 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, quash the proceedings in C.C.No.1466 of2023, pending on the file of the Additional Mahila Court (FTCLevel), Salem. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.1466 of2023, pending on the file of the Additional Mahila Court (FTC-Level), Salem is quashed and the terms of Joint compromise memo and affidavit shall form part and parcel of this order. 01.03.2024 Speaking Order/Non-Speaking Order Index: Yes/No Internet: Yes/No kp To 1.The Inspector of Police All Women Police Station Ammapet, Salem District.

2. Additional Mahila Court (FTC-Level), Salem. 3.The Public Prosecutor, High Court of Madras, Madras.

N.ANAND VENKATESH.J., kp CRL.O.P No.4134 of 2024 01.03.2024