R.G.Shrinivasan v. The State Rep. By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4800 of 2021 R.G.Shrinivasan .. Petitioner Vs.

1.The State Rep by its, The Inspector of Police, Central Crime Branch, Team XVI, Land Grabbing, Prevention Cell-1, Vepery, Chennai - 600 119.

Cr.No.210 of 2010.

2.Harisingh Hirawat 3.Suresh Hirawat 4.Saneh Lata Hirawat .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and to quash the entire proceedings pending in CC.No.4305 of 2020 before the learned Metropolitan Magistrate for CCB and CBCID Cases, Egmore, Chennai in respect of petitioner/4th accused. For Petitioner : Mr.G.Prabakaran For Respondent-1 : Mr.C.Raghavan Government Advocate For R2 to R4 : Mr.R.Praveen

ORDER

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in C.C.No.4305 of 2020, pending on the file of learned Metropolitan Magistrate for CCB, CBCID Cases, Egmore 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 compromised the dispute amicably among themselves. 3.

The joint memo of compromise dated 15.02.2021 has been filed by the respondents 2 to 4/de-facto complainant before this Court. The petitioner and the respondents 2 to 4 were also present through Video conferencing and they were identified by Mr.Dhananjayan, Sub Inspector of Police, Central Crime Branch, Team XVI, Land Grabbing, Prevention Cell-1, Vepery, Chennai - 600 119. In the Memo, it has been stated that the petitioner and the respondents 2 to 4 have entered into a compromise and amicably settled their issues in C.C.No.4305 of

2009. 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 CC.No.4305 of 2020 pending on the file of the learned Metropolitan Magistrate for CCB and CBCID Cases, Egmore, Chennai.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in CC.No.4305 of 2020 pending on the

file of the learned Metropolitan Magistrate for CCB and CBCID Cases, Egmore, Chennai is quashed and the terms of Memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1000/- (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 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.

12.03.2021 Index : Yes/No Internet : Yes/No rka

N. ANAND VENKATESH, J.

rka To

1. The Inspector of Police, Central Crime Branch, Team XVI, Land Grabbing, Prevention Cell-1, Vepery, Chennai - 600 119.

2. The Metropolitan Magistrate for CCB and CBCID Cases, Egmore, Chennai

3. The Public Prosecutor, High Court, Madras.

Crl.O.P No.4800 of 2021 12.03.2021