Sakthi Abirami v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 22.01.2019

CORAM:

THE HON'BLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.Nos.8247 of 2015 & 27955 of 2018 and Crl.M.P.Nos.1 & 2 of 2015 and 16225 & 16226 of 2018 Crl.O.P.No.8247 of 2015 :

Sakthi Abirami ... Petitioner Vs.

State Rep. By 1.The Inspector of Police, W-25, All Women Police Station, Thiyagaraya Nagar, Chennai-17. ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in C.C.No.1298 of 2015 on the file of the XVII Metropolitan Magistrate Court, Saidapet, Chennai and quash the same.

For Petitioner : Mr.P.Ganesan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor Crl.O.P.No.27955 of 2018 Dr.V.T.Sriraam ... Petitioner Vs.

State Rep. By 1.The Inspector of Police, W-25, All Women Police Station, Thiyagaraya Nagar, Chennai-17.

2.Dr.D.Mahalakshmi ... Respondents

Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the entire records pertaining to the final report in C.C.No.1298 of 2015 pending trial on the file of the XVII Metropolitan Magistrate Court, Saidapet, Chennai and quash the same as illegal.

For Petitioner : Mr.S.B.Viswanathan For R-1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R-2 : Mr.M.Murali COMMON ORDER The Criminal Original Petitions have been filed to quash the charge sheet in C.C.No.1298 of 2015 pending on the file of the learned XVII Metropolitan Magistrate Court, Saidapet, Chennai pursuant to the compromise arrived at by the parties.

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.An affidavit of the defacto complainant has been filed before this Court. The parties were also present before the Court 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 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 @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in C.C.No.1298 of 2015.

5. This Criminal Original Petitions stand allowed and as a sequel, the proceedings in C.C.No.1298 of 2015 pending on the file of the learned XVII Metropolitan Magistrate Court, Saidapet, Chennai is quashed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar dss To:

1.The XVII Metropolitan Magistrate Court, Saidapet, Chennai.

2. - do - Through' The Chief Metropolitan Magistrate, Chennai. 3.The Inspector of Police, W-25, All Women Police Station, Thiyagaraya Nagar, Chennai-17.

4.The Public Prosecutor, Madras High Court, Madras.

+1cc to Mr.S.B.Viswanathan, Advocate SR.No.4617 +1cc to Mr.M.Murali, Advocate SR.No.4727 BR(CO) GMY(18/02/2019) Crl.O.P.Nos.8247 of 2015 & 27955 of 2018