Kanishka v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.03.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.6897 of 2024 1.Kanishka, S/o.Srinivasan
2. Srinivasan, S/o.Nathamuni
3. Kalavathi, W/o.Srinivasan
4. Yashitha, D/o.Srinivasan ... Petitioners Vs.
1. The State represented by., Deputy Superintendent of Police, Uthukkottai Sub Division, Tiruvallur District.
2. Inspector of Police, All Women Police Station Uthukkotai, Tiruvallur District.
(Crime No.06 of 2015)
3. Sukanya, D/o.Venkatesan ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to 1/6
call for the records in Spl.S.C.No.41/2022 on the file of the Principal District and Sessions Court, Tiruvallur and quash the same. For Petitioners : Mr.M.Guruprasad For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 & R2] *****
O R D E R
This Criminal Original Petition has been filed seeking to quash the proceedings in Spl.S.C.No.41/2022 on the file of the Principal District and Sessions Court, Tiruvallur.
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. An affidavit of third respondent has been filed before this Court. The petitioner and third respondent were present before this Court and they were identified by Ms.S.Prema, WPC 2335, AWPS - Uthukottai, Thiruvallur [94982 14014]. In the affidavit, it has been stated that the petitioner and the third respondent have entered into a compromise and 2/6
amicably settled their issues in Spl.S.C.No.41/2022 on the file of the Principal District and Sessions Court, Tiruvallur. 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 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 proceedings in Spl.S.C.No.41/2022 on the file of the Principal District and Sessions Court, Tiruvallur.
This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.41/2022 on the file of the Principal District and Sessions Court, Tiruvallur, is quashed and the terms of affidavit shall form part and parcel of this order. Each of the petitioner shall pay a sum 3/6
of Rs.1,000/- (Rupees One Thousand only) as costs, to the credit of the President, Tamil Nadu Advocate's Clerk's Association, High Court Buildings, Madras, A/c No.484026006 IFSC Code:IDIB000M157), within a period of two (2) weeks from today and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Post this case under the caption 'for reporting compliance' on 08.04.2024.
25.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To 4/6
1.The Principal District and Sessions Court, Tiruvallur.
2.The Deputy Superintendent of Police, Uthukkottai Sub Division, Tiruvallur District.
3.The Inspector of Police, All Women Police Station, Tiruvallur District, (Crime No.06 of 2015).
4. The Public Prosecutor, High Court, Madras.
N.ANAND VENKATESH, J.
gm 5/6
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