V.Ganesh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.3483 of 2019 and Crl.M.P.No.2243 of 2019 1.V.Ganesh 2.Chinnammal

...Petitioners

Vs.

1.The Inspector of Police, W-27, All Women police Station, Vadapalani, Chennai-600 026 2.L.Nishanthi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records pertaining to the impugned C.C.No.2053 of 2017 on the file of the Learned XVII Metropolitan Magistrate, Saidapet, Chennai and quash the same. For Petitioners: Mr.K.Karthik Jagannath For Respondents: Mr.M.Mohamed Riyaz Addl. Public Prosecutor for R1

ORDER

This Criminal Original Petition has been filed by the petitioner to quash the impugned proceedings in C.C.No.2053 of 2017, on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai.

2.The case is still in the trial stage. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.A Joint Memo of Compromise dated 03.02.2019 has been filed before this Court, which have been signed by the petitioners and the second respondent. All the parties are present and identified by their respective counsel and the Police. 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 in C.C.No.2053 of 2017 pending, even though, the offences involved are not compoundable in nature. https://hcservices.ecourts.gov.in/hcservices/

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 proceedings in C.C.No.2053 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.2053 of 2017, on the file of the Inspector of Police, W-27, All Women Police Station, Vadapalani, Chennai, is quashed and the terms of Joint Memo of Compromise dated 03.02.2019 shall form part and parcel of this Order. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vsn To 1.The Inspector of Police, W-27, All Women police Station, Vadapalani, Chennai-600 026 2.The XVII Metropolitan Magistrate, Saidapet, Chennai.

3.The Public Prosecutor, High Court of Madras, Madras.

Crl.O.P.No.3483 of 2019 and Crl.M.P.No.2243 of 2019 ARV(CO) rrs 20/03/2019 https://hcservices.ecourts.gov.in/hcservices/