S.Abhishek v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.NO.2373 OF 2020

1. S.Abhishek

2. Revathi

3. Ravi

...Petitioners

-Vs1. State by The Sub - Inspector of Police, W-26 All Women Police Station, Ashok Nagar, Chennai - 600 083.

Cr.No.04/2019.

2. Jayashree ... Respondents Prayer:

Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records in C.C.No.3681 of 2019 in Cr.No.4 of 2019 pending on the file of the XVII Metropolitan Magistrate, Saidapet, Chennai and quash the same. For Petitioners: Mr.P.R.Dinesh Kumar For RR1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For RR2 : M/s.R.Sathyabama

ORDER

This Criminal Original Petition has been filed to call for the records in C.C.No.3681 of 2019 in Cr.No.4 of 2019 pending on the file of the XVII Metropolitan Magistrate, Saidapet, Chennai and quash the same.

2. The first respondent has filed a charge sheet stating that the petitioners have committed the alleged offences under sections 498(A) and 506(i) of IPC and based on the same the

learned XVII Metropolitan Magistrate, Saidapet, Chennai has taken the case on file as C.C.No.3681 of 2019. 3.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.

4. A Joint Compromise memo, dated 17.02.2020, has been filed before this Court which have been signed by the petitioners and the 2nd respondent/ defacto complainant and also by their respective counsel. The petitioners and the 2nd respondent are present in person before this Court. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and they are made part of the record. This Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves.

5. 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 C.C.No.3681 of 2019 on the file of the XVII Metropolitan Magistrate, Saidapet, Chennai against the petitioners herein.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.3681 of 2019 on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai is hereby quashed as against the petitioners herein and the terms of Compromise deed shall form part and parcel of this order. * Xerox copy of Joint Compromise Memo, dated 17.02.2020 enclosed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mfa To

1. The XVII Metropolitan Magistrate, Saidapet, Chennai.

2. The Sub - Inspector of Police, W-26 All Women Police Station, Ashok Nagar, Chennai - 600 083.

Cr.No.04/2019.

3. The Public Prosecutor, High Court, Madras.

+1cc to M/s.R.Sathyabama, Advocate, S.R.No.13580 +3cc to Mr.P.R.Dinesh Kumar, Advocate, S.R.No.12999 Crl.O.P.No.2373 of 2020 MG(CO) CS/20/02/2020