K.Karthickeyan v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Karthickeyan .. Petitioner Vs.

1.The State Rep. by, Inspector of Police, All Women Police Station, Panruti.

(Crime No.17 of 2020) 2.Shanmugapriya .. Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in C.C.No.93 of 2020 on the file of the learned Judicial Magistrate No.1, Panruti and quash the same. For petitioner :

Mr.M.I.Javid Akbar For R1 :

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

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.93 of 2020 pending on the file of the learned Judicial Magistrate No.1, Panruti.

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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 Compromise affidavit has been filed before this Court which have been signed by the petitioner and the 2nd respondent and also by the learned counsel for the 2nd respondent. The petitioner is present before this Court through Video Conferencing platform and the second respondent is present in person before this Court and they were identified by Ms.P.Dhanalakshmi, Panruti AWPS (Mobile No. 94981 55558). In the Compromise affidavit it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in C.C.No.93 of 2020. 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 2/4

@ 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 in C.C.No.93 of 2020 pending on the file of the learned Judicial Magistrate No.1, Panruti. It is also brought to the notice of this Court that the proceedings as against A2 & A3 has already been quashed in Crl.O.P.No.1210 of 2021 by order dated 09.06.2023. 5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.93 of 2020 pending on the file of the learned Judicial Magistrate No.1, Panruti is quashed and the terms of Compromise affidavit shall form part and parcel of this order. 12.03.2024 krk Index : Yes / No Internet : Yes / No : Yes / No N.ANAND VENKATESH, J.

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krk To 1.The Judicial Magistrate - I, Panruti.

2.The State Rep. by, Inspector of Police, All Women Police Station, Panruti.

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

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