G.T.James Vasanthan v. State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH G.T.James Vasanthan S/o.Late S.V.G.Theophilus ... Petitioner Vs.

1.State represented by Inspector of Police, W-19 All Women Police Station, Adyar, Chennai - 20.

2.Suganthi James W/o.G.T.James Vasanthan ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records in C.C.No.439 of 2020 now pending on the file of Additional Mahila Court, Alandur (Originally C.C.No.874 of 2016 on the file of Judicial Magistrate, Alandur, Chennai -16) compromise and quash the proceedings as against the petitioner.

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For Petitioner : Mr.K.Selvakumar For Respondents : Mr.A.Gopinath Govt. Advocate (Crl.side) [R1] Mr.C.Shyamala for Suganthi [R2] *****

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.439 of 2020 pending on the file of Additional Mahila Court, Alandur.

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. A Joint Compromise Memo dated 18.01.2024 signed by both parties and consent affidavits of petitioner and second respondent have been filed before this Court. The petitioner and second respondent were also present in person before this Court and they were identified by Ms.Sathya, WPC - 63064, No.88 [94981 55752]. In the Joint Memo of Compromise and in the affidavits, it has been stated that the petitioner 2/4

and the second respondent have entered into a compromise and amicably settled their issues in C.C.No.439 of 2020 pending on the file of Additional Mahila Court, Alandur. This Court also enquired both the parties. This Court 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 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 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 proceedings in C.C.No.439 of 2020 pending on the file of Additional Mahila Court, Alandur.

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N.ANAND VENKATESH, J.

gm This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.439 of 2020 pending on the file of Additional Mahila Court, Alandur, is quashed and the terms of Joint Compromise Memo dated 18.01.2024 and the terms of affidavits shall form part and parcel of this order.

15.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To 1.The Additional Mahila Court, Alandur.

2.The Inspector of Police, W-19 All Women Police Station, Adyar, Chennai - 20.

3.The Public Prosecutor, High Court, Madras.

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