M.Vetrivel v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.6786 of 2022 M.Vetrivel, S/o.Moorthi ... Petitioner Vs

1. State Represented by The Inspector of Police, R-8, Vadapalani Police Station (Crime), Chennai District.

(Crime No.506 of 2020)

2. Stephen @ Manikandan, S/o.Chitrai Selvam ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in C.C.No.2679 of 2021 pending on the file of the XVII Metropolitan Magistrate Court, Saidapet, Chennai to quash the same in view of the compromise entered into both parties.

For Petitioner : Mr.P.Muthamizh Selvakumar For Respondents :

For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed, to quash the proceedings in C.C.No.2679 of 2021 pending on the file of the learned XVII Metropolitan Magistrate Court, Saidapet, Chennai, for the offence punishable under Section 379 read with Section 34 of IPC.

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

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3. A Joint Memo of Compromise has been filed before this Court, which have been signed by the petitioner and the second respondent and also by the learned counsel for the petitioner. The petitioner and the second respondent were also present in person before this Court and they were identified by the first respondent. 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 proceedings in C.C.No.2679 of 2021 pending, further, the offence involved is 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.2679 of 2021.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.2679 of 2021 on the file of the learned XVII Metropolitan Magistrate Court, Saidapet, Chennai, is quashed in respect of the petitioner alone and the terms of Joint Compromise Memo shall form part and parcel of this order.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar arb/dk To

1. The XVII Metropolitan Magistrate Court, Saidapet, Chennai.

2. The Inspector of Police, R-8, Vadapalani Police Station (Crime), Chennai District.

3. The Public Prosecutor, High Court of Madras.

+1cc to Mr.P.Muthamizh Selvakumar, Advocate, S.R.No.20888 Crl.O.P.No.6786 of 2022 SV[co] NSK 08/04/2022 https://hcservices.ecourts.gov.in/hcservices/