Kiran Duggudurty v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.8140 of 2023 1.Kiran Duggudurty 2.Rajani Babu Duggudurty Petitioners vs.

1.State By: The Inspector of Police, W-23, All Women Police Station, Royapettah, Chennai (Crime No.02 of 2019) 2.Karthiga Thanasekaran Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.53 of 2021 on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai and quash the same.

For Petitioners : Mr.M.Ravi For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1

ORDER

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in C.C.No.53 of 2021, pending on the file of XVIII Metropolitan Magistrate, Saidapet, Chennai 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 compromise affidavit has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present through Video conferencing. In the affidavit it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in C.C.No.53 of 2021. 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 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 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 case in C.C.No.53 of 2021, pending on the file of XVIII Metropolitan Magistrate, Saidapet, Chennai. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.53 of 2021, pending on the file of XVIII Metropolitan Magistrate, Saidapet, Chennai is quashed and the terms of affidavit shall form part and parcel of this order.

18.07.2023 (1/2) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr

N. ANAND VENKATESH, . J.

ssr To 1.The XVIII Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, W-23, All Women Police Station, Royapettah, Chennai.

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

Crl.O.P No.8140 of 2023 18.07.2023 (1/2)