Charubala @ Charulatha v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:14.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5779 of 2019 1.Charubala @ Charulatha 2.P.V.Venkatarathinam 3.Jayanthi

...Petitioners

Vs.

1.The Inspector of Police H-4, Police Station Korukkupet Chennai 2.V.R.Rajalakshmi

...Respondents

PRAYER:Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.2765 of 2018 on the file of the XV Metropolitan Magistrate at George Town, Chennai and quash the same.

For Petitioners: Mr.P.John Sundar Jabez For Respondents : M.Mohamed Riyaz for R1 Addl. Publi Prosecutor : Mr.R.John Sathyan for R2

ORDER

This Criminal Original Petition has been filed by the petitioners to call for the records in C.C.No.2765 of 2018 on the file of the XV Metropolitan Magistrate at George Town, Chennai and quash the same.

2.The case is still in the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.An Affidavit has been filed by the petitioners before

this Court which have been signed by the petitioners. The petitioners are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. This Court also enquired both sides 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 First Information Report 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 C.C.No.2765 of 2018 pending on the file of learned XV Metropolitan Magistrate at George Town, Chennai.

5.Accordingly, This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.2765 of 2018 pending on the file of learned XV Metropolitan Magistrate at George Town, Chennai, is quashed and the terms of affidavit filed by the petitioners shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.5,000/-, as costs, to the Chennapuri Annadana Samajam, No.2, Sundara Salai, R.A.Puram, Chennai-600 028, Ph.+91-044-25354848 / 9841197841, 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.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar kas To 1.The XV Metropolitan Magistrate George Town, Chennai 2.1.The Inspector of Police H-4, Police Station Korukkupet Chennai

3.The Chennapuri Annadana Samajam, No.2, Sundara Salai, R.A.Puram, Chennai-600 028.

4.The Public Prosecutor, High Court of Madras.

5.The Section Officer, Criminal Section posting, High court, Madras. (reporting compliance) +1cc to Mr.P.John Sundar Jabez, Advocate, S.R.No. 24465 Crl.O.P.No.5779 of 2019 SSI (CO) GN(22/04/2019)