Tausif Ahmed Thangalvadi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2022

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.5787 of 2022 Tausif Ahmed Thangalvadi ... Petitioner Vs State Represented by

1. The Inspector of Police, W8, All Women Police Station, Thirumangalam, Chennai 40.

2. Geetha Selvakumari ... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the criminal proceeding in C.C.No.53 of 2018 on the file of the Additional Mahila Court, Allikulam (Egmore), Chennai and quash the same.

For Petitioner : Mr.N.Elayaraja For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 Mr.B.Vasanthan for R2

ORDER

This Criminal Original Petition has been filed, to call for the records in C.C.No.53 of 2018 pending on the file of the Additional Mahila Court, Allikulam(Egmore), Chennai and quash the same.

2.The case of the prosecution is that the petitioner and the 2nd respondent are well known each other for the past few years. There wre some differences of opinion between them, the 2nd respondent had given complaint against the petitioner. Now, the petitioner and the 2nd respondent have now arrived at a compromise by considering their age and future life. Hence, the 2nd respondent has no objection to quash the proceedings in C.C.No.53 of 2018 on the file of the Additional Mahila Court, Allikulam (Egmore), Chennai.

3. The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. https://hcservices.ecourts.gov.in/hcservices/

4. A Joint Memo of Compromise has been filed before this Court, which have been signed by the petitioner and the second respondent. The petitioner and the second respondent were present before this Court and they were identified by their respective counsels. 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 proceedings pending, even though, the offences involved are 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 Gujrat), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the proceedings in C.C.No.53 of 2018.

6. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.53 of 2018, on the file of the Additional Mahila Court, Allikulam (Egmore), Chennai, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Vkr To

1. The Additional Mahila Court, Allikulam, Egmore, Chennai.

2. The Inspector of Police, W8, All Women Police Station, Thirumangalam, Chennai 40.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.N.Elayaraja, Advocate, S.R.No.18891 Crl.O.P.No.5787 of 2022 RK(CO) CT 06/04/2022 https://hcservices.ecourts.gov.in/hcservices/