Sathish Kumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2021

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P No.5313 of 2021 Sathishkumar Petitioner vs.

1. The State Rep. by The Inspector of Police, Nolambur Police Station, Chennai.

(Crime No.491 of 2018)

2. Devi Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the entire proceedings in C.C.No.48 of 2019 on the file of the Judicial Magistrate, Ambattur, Chennai.

For Petitioner : Mr.B.Mohanraj For Respondents: Mr.C.Raghavan Government Advocate for R1 Mr.R.Sasikumar for R2

ORDER

The Criminal Original Petition has been filed to call for the records and quash the entire proceedings in C.C.No.48 of 2019 on the file of the Judicial Magistrate, Ambattur, Chennai.

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 affidavit dated 22.02.2021 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioner and the second respondent were also present and they were identified by Mr.Thillairajan, Nolambur Police Station, Chennai, who was also present at the time of hearing. In the https://hcservices.ecourts.gov.in/hcservices/

affidavit it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in CC.No.48 of 2019. 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, 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 Suprme Court in The State of Madhya Pradesh v. 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 proceeding in CC.No.48 of 2019 pending on the file of the learned Judicial Magistrate Court at Ambattur, Chennai.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in CC.No.48 of 2019, pending on the file of the learned Judicial Magistrate Court at Ambattur, Chennai, is quashed and the terms of affidavit shall form part and parcel of this order.

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

1. The Inspector of Police, Nolambur Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

3. The Judicial Magistrate, Ambattur, Chennai.

+2cc to Mr.B.Mohanraj, Advocate, S.R.No.20765 Crl.O.P No.5313 of 2021 SS(CO) RGA(27/09/2021) https://hcservices.ecourts.gov.in/hcservices/