Laxmi Narayan Sriram v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5869 of 2020 and MP.No.3205 of 2020 1.Laxmi Narayan Sriram 2.T.L.Sriram 3.Radha Sriram

...Petitioners/Accused(1,2,3)

Vs.

1.The State rep by, The Inspector of Police, W-21, All Women Police Station, Guindy, Chennai - 600 032.

...1st Respondent/Complainant 2.Vidya Parameshwaran ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the record relating to C.C.No.122/2020 on the file of the Judicial Magistrate, Alandur, Chennai and quash the same as against the petitioner.

For Petitioner : M/s.Geeta Ramaseshan For Respondents For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.M.Suresh

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.122 of 2020 on the file of the learned V Additional Mahila Court (Magisterial Level), Alandur.

2.

Based on the complaint lodged by the second respondent, the first respondent has registered FIR in Cr.No.2 of 2016 against the petitioner herein and after investigation filed charge sheet under Sections 417 and 498A of IPC read with Section 4 of Tamil Nadu Prohibition of Women Harassment Act. 3.

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. 4.

The Second respondent / Defacto complainant has filed an affidavit before this Court which has been signed by the petitioner and the second respondent and also by their respective counsel. All the parties 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 the parties and was satisfied that the parties have come to an amicable settlement between themselves.

5. 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. and quashes the case in C.C. No.122 of 2020 on the file of the learned V Additional Mahila Court (Magisterial Level), Alandur, against the petitioner.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings C.C. No.122 of 2020 on the file of the learned V Additional Mahila Court (Magisterial Level), Alandur, is quashed and the affidavit shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.10,000/-, as costs, to the Tamil Nadu State Legal Services Authority, High Court, Madras, 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 //True Copy// Sub Assistant Registrar drl

To 1.The V Additional Mahila Court, (Magisterial Level), Alandur.

2.The Inspector of Police, All Women Police Station Guindy, Chennai - 600 032.

3.The Public Prosecutor, High Court, Madras.

4.The Secretary, Tamilnadu Legal Services Authority High Court Madras.

+3 cc to Mr.Geetha Ramaseshan, Advocate, S.R.No.22244 +1 cc to Mr.M.Suresh, Advocate, S.R.No.22330 Crl.O.P.No.5869 of 2020 and Crl.MP.No.3205 of 2020 KS(CO) RN(26/05/2020)