S.Gangadaran, M/56 Years, (A1) v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.13761 of 2018 and Crl.M.P.No.7115 of 2018 1.S.Gangadaran 2.S.Bharani 3.Thulasingam 4.Sathis Kumar ... Petitioners/Accused Vs.

1.The State Rep. by Inspector of Police, E.8, Kelampakkam Police Station, Kancheepuram District.

(Crime No.386 of 2012) 2.M.Karthik ... Respondents/Defacto Complainant PRAYER : This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings in Crime No. No.63 of 2018, pending on the file of the 1st respondent.

For Petitioners : Mr.S.Sugendran For Respondents : Mr.C.Raghavan Government Advocate (Crl. Side) for R1

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No.63 of 2018, pending on the file of the 1st respondent.

2.During the pendency of this Criminal Original Petition, a final report has been filed by the respondent police and the same has been taken on file in C.C.No.175 of 2018, on the file of the Judicial Magistrate No.1, Chengalpattu. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves out of the Court.

3.Individual affidavit has been filed before this Court by the petitioners and the second respondent. The parties were also present before the Court and they were identified and they have also produced the copies of the Aadhaar Card which are made part of the record. 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 C.C.No.175 of 2018, pending, on the file of the Judicial Magistrate No.1, Chengalpattu, 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the proceedings in C.C.No.175 of 2018, pending, on the file of the Judicial Magistrate No.1, Chengalpattu.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.175 of 2018, pending, on the file of the Judicial Magistrate No.1, Chengalpattu, is quashed and the terms of affidavits shall form part and parcel of this order. The petitioners shall pay a sum of Rs.500/- each as cost, to the credit of the Chief Justice Relief Fund, High Court, Madras, 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. Consequently, connected Crl.M.P.No.7115 of 2018 is closed Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar vsg1/ia To 1.The learned Judicial Magistrate No.1, Chengalpattu.

2.The Inspector of Police, E.8, Kelampakkam Police Station, Kancheepuram District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Sugendran, Advocate SR.No.81988 CRL.O.P.No.13761 of 2018 SSV(CO) GMY(28/12/2018)