Raguraman Balaji v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP.No.5007 of 2018 and Crl.M.P No.2498 of 2018 *1.Raguraman Balaji 2.Indhira 3.Venkataramany 4.Saradhambal ..Petitioners / Accused Vs.

1. The State represented by, The Inspector of Police, S-9, Palavathangal Police Station, Chennai-600 114.

..1st Respondent / Complainant

2. D.Vembu @ Anitha ..2nd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in S.C.No.218 of 2015 pending on the file of the learned District Judge, (Mahila Court), Chengalpet and quash the same. For Petitioner : Mr.E. Kotteeswaran For 1st Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor For 2nd Respondent : Mr.S.Krishnaswamy

ORDER

The Criminal Original Petition has been filed seeking to quash the proceedings in S.C.No.218 of 2015 pending on the file of the learned District Judge, (Mahila Court)

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. A memo of Compromise, dated 25.06.2019, has been filed before this Court which has been signed by the de-facto complainant / 2nd respondent and by her counsel. The petitioners and the 2st respondent were also present in person before this Court and they were identified by the Investigating Officer. In order to identify the respective parties, they have also produced the copy of the Aadhaar Card 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 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 Case in S.C.No.218 of 2015 pending on the file of the learned District Judge, Mahila Court, Chengalpet.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.218 of 2015 pending on the file of the learned District Judge, Mahila Court, Chengalpet, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order. Consequently, the connected miscellaneous petition is closed.

(*) copy of Memo of compromise dated 25/06/19 is enclosed herewith.

Sd/- Assistant Registrar (CS-V) Dated: 23.07.2019 * Amended as per order dated 01.11.2019 made in Crl.M.P.15633/2019 in Crl.O.P.5007/2018 sd/- Assistant Registrar(CS V) Dated: 12.11.2019 //True Copy// Sub Assistant Registrar uma

To To be substituted to

1. The District Judge, the order already Mahila Court, despatched on Chengalpet.

19.08.2019

2. The Inspector of Police, S-9, Palavathangal Police Station, Chennai-600 114.

3. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.E.Kotteeswaran, Advocate, S.R.No.91476. CRL.OP No.5007 of 2018 and Crl.M.P.No.2498 of 2018 PVS(CO) SSM(25/07/2019) SP(12/11/2019)