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Madras High CourtCRL OP/5598/2024allowed

B.Varadha Rao v. Inspector Of Police

2024-03-06Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.B.Varadha Rao 2.Bhaskar Rao 3.B.Narendran 4.Anchana @ N.Anchana Devi .. Petitioners Vs.

1.The State Represented by The Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai.

Crime No.2 of 2021 2.A.Priyanka .. Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records pertaining to Charge Sheet in C.C.No.1 of 2022 on the file of the Additional Mahila Court, Alandur and quash the same against all the accused persons mentioned therein by allowing this Criminal Original Petition.

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For petitioners :

Mr.M.R.Vivekananthan For R1 :

Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in C.C.No.1 of 2022 pending on the file of the Additional Mahila Court, Alandur and quash the same against all the accused persons mentioned therein by allowing this Criminal Original Petition.

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.The Joint Memorandum of Compromise dated 23.02.2024 has been filed before this Court which have been signed by the petitioners and the 2nd respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Ms.R.Malarvizhi, WPC: 2303, 2/5

Selaiyur All Women Police Station. In the Joint Memorandum of Compromise dated 23.02.2024 it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in C.C.No.1 of 2022. 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 C.C.No.1 of 2022, pending on the file of the Additional Mahila Court, Alandur.

5.This Criminal Original Petition stands allowed and as a sequel, 3/5

the proceedings in C.C.No.1 of 2022, pending on the file of the Additional Mahila Court, Alandur is quashed and the terms of Joint Memorandum of Compromise dated 23.02.2024 shall form part and parcel of this order.

06.03.2024 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The Additional Mahila Court, Alandur.

2.The State Represented by The Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai.

3.The Public Prosecutor, Madras High Court, Chennai.

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N.ANAND VENKATESH, J.

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