Rajivgandhi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Rajiv Gandhi 2.Gopi 3.Ravi 4.Chandrasekar 5.Magesh ... Petitioners Vs.

1.State rep. by, The Inspector of Police M-6, Manali Police Station, Madhavaram.

2.Balaji ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records in S.C.No.120 of 2021 pending trial on the file of the I - Sessions Judge, Magalir Neethimandram (FTMC) Thiruvallur and quash the same.

For Petitioners : M/s.M.Soundar Vijay Arulram For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side) 1/4

O R D E R

The criminal original petition has been filed seeking to quash the proceedings in S.C.No.120 of 2021 on the file of the I - Sessions Judge, Magalir Neethimandram (FTMC) Thiruvallur. 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 Joint Memo of Compromise dated Nil February, 2024 has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. The second respondent and his daughter Dhanalakshmi/ victim were present in person before this Court and they were identified by Mr.R.Purushothaman, Sub Inspector of Police, Manali Police Station. In the Joint Memo of Compromise it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in S.C.No.120 of 2021. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. 2/4

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 Vs. 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 S.C.No.120 of 2021 pending on the file of the learned I - Sessions Judge, Magalir Neethimandram (FTMC) Thiruvallur.

5.This criminal original petition stands allowed and as a sequel, the proceedings in S.C.No.120 of 2021 on the file of the learned I - Sessions Judge, Magalir Neethimandram (FTMC) Thiruvallur, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.1,000/- (each Rupees One Thousand Only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c 3/4

N.ANAND VENKATESH,J.

pri No.484026006, IFSC Code:IDIB000M157), 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.

20.03.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The I - Sessions Judge, Magalir Neethimandram (FTMC) Thiruvallur.

2.The Inspector of Police M-6, Manali Police Station, Madhavaram.

3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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