Naveenkumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.6085 of 2021 1.Naveen Kumar, 2.Annandhan, 3.Vasanthi.

... Petitioners vs.

1.State represented by Inspector of Police, All Women Police Station, Gudiyatham 632 602, Vellore District.

2.Pooja M.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash the proceedings in S.C.No.129 of 2020 pending on the file of Mahila Court (FTC), Vellore.

For Petitioner : Mr.M.R.Thangavel For 1st Respondent : Mr.C.Raghavan Government Advocate.

ORDER

The Criminal Original Petition has been filed to quash the proceedings in S.C.No.129 of 2020, pending on the file of the Mahila Court (Fast Track Court), Vellore.

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. An Affidavit dated 03.03.2021 by the 1st respondent and the 2nd respondent/de-facto complainant has been filed before this Court. The petitioners and the second respondent were also present through Video conferencing and they were identified by police officials. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and the marriage certificate and it is made part of the record. 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 Crime No.2 of 2019. 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 proceedings 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 final report filed in 5 of 2019, which was taken on file by the learned Judicial Magistrate, Mahila Court (FTC), Vellore, in S.C.No.129 of 2010.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.129 of 2020, on the file of the Mahila Court (FTC), Vellore, is quashed and the terms of affidavit shall form part and parcel of this order. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rm To

1. The Inspector of Police, All Women Police Station, Gudiyatham 632 602, Vellore District.

2. The Public Prosecutor, High Court, Madras.

3.The mahila court(FTC) Vellore +cc to Mr.C.Anbu, Advocate Sr. No.20534 Crl.O.P No.6085 of 2021 GPL(CO) baf 05/05/2021 https://hcservices.ecourts.gov.in/hcservices/