Thirupathy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Thirupathy 2.Rani ... Petitioners Vs.

1.State Rep. by The Inspector of Police, Gurubarapalli Police Station, Krishnagiri District.

Cr.No.51 of 2023 2.Nirosha ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records pending on the file of the Judicial Magistrate, Additional Mahila Court, Krishnagiri, Krishnagiri District in C.C.No.505 of 2023 compromise and quash the criminal proceeding. For Petitioners : Mr.E.Kannadasan For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side)

O R D E R

The criminal original petition has been filed seeking to call for the 1/4

records pertaining to the proceedings in C.C.No.505 of 2023 pending on the file of the Judicial Magistrate, Additional Mahila Court, Krishnagiri, Krishnagiri District and quash the same.

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.The Joint Compromise Memo dated Nil February, 2024 has been filed before this Court which has been signed by the petitioners and the second respondent and also by the learned counsel for the petitioner. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.G.Pandurangan, Special Sub Inspector of Police, Gurubarapalli Police Station, Krishnagiri. In the joint compromise memo it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in C.C.No.505 of 2023. 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 2/4

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 Vs. 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 case in C.C.No.505 of 2023 pending on the file of the Judicial Magistrate, Additional Mahila Court, Krishnagiri, Krishnagiri District.

5.This criminal original petition stands allowed and as a sequel, the proceedings in C.C.No.505 of 2023 on the file of the Judicial Magistrate, Additional Mahila Court, Krishnagiri, Krishnagiri District, is quashed and the terms of the Joint Compromise Memo shall form part and parcel of this order.

16.02.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

N.ANAND VENKATESH,J.

pri To 1.The Judicial Magistrate, Additional Mahila Court, Krishnagiri, Krishnagiri District.

2.The Inspector of Police, Gurubarapalli Police Station, Krishnagiri District.

Cr.No.51 of 2023 3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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