Melvyn Raj v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.03.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Melvyn Raj 2.Madhu Marshal 3.Hema Marshal 4.Malton .. Petitioners Vs.
1.State rep by Inspector of Police, W-3, All Women Police Station, Chindatripet, Chennai - 600 002.
(Crime No.1 of 2022) 2.Francina Ferno .. Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in SC.No.631 of 2023 in Crime No.01 of 2022 on the file of the Mahila Court, Chennai and quash the same.
For petitioners :
Mr.K.Nivesh Kumar For R1 :
Mr.A.Gopinath 1/5
Government Advocate (Crl. Side)
O R D E R
The Criminal Original Petition has been filed to call for the records relating to the case in S.C.No.631 of 2023 on the file of Mahila Court, 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 Joint Compromise Memo has been filed before this Court which have been signed by the petitioners and the 2nd respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Ms.D.Valarmathi, WSSI, W3 AWPS Egmore. In the Joint Compromise Memo it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in S.C.No.631 of 2023 in Crime No.01 of 2022. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
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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 S.C.No.631 of 2023 pending on the file of Mahila Court, Chennai.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.631 of 2023 pending on the file of Mahila Court, Chennai is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.1,000/- (Rupees One Thousand only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of one week from the 3/5
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. 6.Post this case under the caption 'For Reporting Compliance' on 28.03.2024.
11.03.2024 krk Index : Yes / No Internet : Yes / No : Yes / No NOTE: Issue order copy on 15.03.2024.
To 1.The Mahila Court, Chennai.
2.State rep by Inspector of Police, W-3, All Women Police Station, Chindatripet, Chennai - 600 002.
3.The Public Prosecutor, Madras High Court, Chennai.
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N.ANAND VENKATESH, J.
krk 11.03.2024 5/5