Mr. S. Aashish Surana, Age 35 v. Mr. P. Saravanan, S/O. Palani,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2021

CORAM

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN Crl.O.P No.23661 of 2016 Mr.S.Ashish Surana Petitioner /Accused vs.

Mr.P.Saravanan Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records on STC No.181 of 2016 on the file of Judicial Magistrate II, Poonamallee.

For Petitioner : Mr.C.Vidhusan For Respondent : J.Thilagaraj

ORDER

The Criminal Original Petition has been filed to quash the proceedings in STC No.181 of 2016 on the file of Judicial Magistrate II, Poonamallee .

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 compromise affidavit dated 25.06.2021 has been filed by the 2nd respondent/de-facto complainant before this Court. 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 STC No.181 of 2016 . 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 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 @ https://hcservices.ecourts.gov.in/hcservices/

Parbathbhai Vs. State of Gujrath), and after exercising due caution as advised by the Hon'ble Suprme 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. quashes the proceedings in STC No.181 of 2016 , on the file of the Judicial Magistrate II, Poonamallee.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in STC No.181 of 2016 , on the file of the Judicial Magistrate II, Poonamallee, is quashed and the terms of affidavit shall form part and parcel of this order. *Xerox copy of the Compromise Affidavit dated 25.06.2021 enclosed.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar rka To

1. The Judicial Magistrate II, Poonamallee 2.-do-Thro Chief Judicial Magistrate, Thiruvallur.

+1cc to Mr.J.Thilagaraj, Advocate, S.R.No.31659 +1cc to Mr.C.Vidhusan, Advocate, S.R.No.31233 Crl.O.P No.23661 of 2016 PCH(CO) CB(13/08/2021) https://hcservices.ecourts.gov.in/hcservices/