Ranjith @ Sivakumar v. Insepctor Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

1. Ranjith @ Sivakumar

2. Devaraj

3. Radha

4. Kalaiarasi

5. Natarajan .. Petitioners

Versus

1. State, represented by The Inspector of Police, All Women Police Station, Chidambaram.

(Crime No.9 of 2015)

2. Suguna .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of the proceedings in C.C.No.121 of 2015 on the file of the learned Judicial Magistrate No.I, Chidambaram and quash the same as compromised between the parties, to secure ends of justice.

For Petitioners : M/s.Jayasri Baskar For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, for R1 1/5

: Mr.T.R.Sivaram for R2

ORDER

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in C.C.No.121 of 2015 on the file of the learned Judicial Magistrate No.I, Chidambaram and quash the same.

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 affidavit, dated 04.06.2023 of the second respondent / de-facto complainant and joint memo of compromise entered into between the parties have been filed before this Court. The petitioners are present in person before this Court and they are identified by M/s.B.Latha, Head Constable, All Women Police Station, Chidambaram. The learned Counsel for the second respondent is also present before this Court. In the affidavit, it has been stated that the parties have entered into a compromise and amicably settled their issues in C.C.No.121 of 2015. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

2/5

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 Supreme 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.121 of 2015, pending on the file of the learned Judicial Magistrate No.I, Chidambaram.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.121 of 2015, pending on the file of the learned Judicial Magistrate No.I, Chidambaram is quashed and the terms of affidavit of the second respondent / de-facto complainant shall form part and parcel of this order.

21.08.2023 Index : yes/no 3/5

Speaking order/Non-speaking order : yes/no grs 4/5

N.ANAND VENKATESH, J.

grs To

1. The Judicial Magistrate No.I, Chidambaram.

2. The Inspector of Police, All Women Police Station, Chidambaram.

3. The Public Prosecutor, High Court of Madras.

21.08.2023 5/5