Swathi Sriram, F/A 30 Years, v. The State Rep. By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6890 of 2018 and Crl.MP.Nos.3536 and 3537 of 2018 Swathi Sriram

...Petitioner

Vs.

1.The State rep by, The Inspector of Police, All Women Police Station Guindy, Chennai - 600 032.

2.Vidya Parameshwaran

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the record relating to C.C.No.919 of 2017 on the file of the Judicial Magistrate, Alandur, Chennai and quash the same as against the petitioner.

For Petitioner : M/s.Geeta Ramaseshan For Respondents For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.M.Suresh

ORDER

This Criminal Original Petition has been filed to quash the C.C.No.919 of 2017 on the file of the Judicial Magistrate, Alandur, Chennai.

2.

Based on the complaint lodged by the second respondent, the first respondent has registered FIR in Cr.No.2 of 2016 against the petitioner herein and after investigation filed charge sheet under Sections 417 and 498A of IPC read with Section 4 of Tamil Nadu Prohibition of Women Harassment Act.

3.

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

4.

The Second respondent / Defacto complainant has filed an affidavit before this Court which has been signed by the second respondent and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card 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.

5. 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. and quashes the case in C.C. No.919 of 2017 on the file of the learned Judicial Magistrate, Alandur, Chennai, against the petitioner.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.919 of 2017 on the file of the Judicial Magistrate, Alandur, Chennai, is hereby quashed as against the petitioner and the affidavit shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.10,000/-, as costs, to the Tamil Nadu State Legal Services Authority, High Court, Madras, within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar drl

To

1. The Judicial Magistrate, Alandur, Chennai.

2.The Inspector of Police, All Women Police Station Guindy, Chennai - 600 032.

3.The Public Prosecutor, High Court, Madras.

Copy to The Secretary Tamil Nadu State Legal Services Authority High Court, Madras.

+3cc to M/s.Geetha Ramaseshan, Advocate, S.R.No.22245 +1cc to Mr.M.Suresh, Advocate, S.R.No.22329 Crl.O.P.No.6890 of 2018 and Crl.MP.Nos.3536 and 3537 of 2018 RSI(CO) Maya (28/05/2020)