P.Duwarakesh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.6554 of 2022

1. P.Duwarakesh

2. Paramasivam

3. Mrs.Suguntha

4. Kamesh

...Petitioners/Accused 1 to4

Vs.

1.State Rep by Sub Inspector of Police, All Women Police, Ambattur, Chennai.

Crime No.10 of 2018 ...1st Respondent/Complainant

2. R.Brintha ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to quash the criminal case in C.C.No.43 of 2020 pending on the file of the Judicial Magistrate, Ambattur and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances.

For Petitioners : M/s.K.Santhakumari For Respondent 1 : Mr.A.Gokulakrishnan Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to quash the criminal case in C.C.No.43 of 2020 pending on the file of the Judicial Magistrate, Ambattur.

2.The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.A Memorandum of settlement has been filed before this Court, which have been signed by the 1st petitioner and the second respondent. The petitioners and the second respondent were also present in person before this Court. 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 in C.C.No.43 of 2020 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the proceedings in C.C.No.43 of 2020.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.43 of 2020 on the file of the Judicial Magistrate, Ambattur, is quashed and the terms of Memorandum of Settlement shall form part and parcel of this order.

* Herein enclosed the Xerox copy of the Memorandum of Settlement Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar nti/nr To 1.The Judicial Magistrate, Ambattur 2.The Sub Inspector of Police, All Women Police, Ambattur, Chennai.

3.The Public Prosecutor, High Court of Madras.

+1cc to M/s.K.Santhakumari, Advocate SR. No.21471 Crl.O.P.No.6554 of 2022 GPL (CO) PR (12/04/2022) https://hcservices.ecourts.gov.in/hcservices/