Mojiz Ali v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH And Crl.M.P.No.4998 of 2024 Mojiz Ali ... Petitioner Vs.

1.State Rep. by The Inspector of Police W17, Peravallur AWPS, (Crime No.2 of 2022) 2.Hryniuk Rymma Sergeevna ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records in S.C.No.42 of 2024 pending trial on the file of the learned Sessions Judge Mahila Court, Allikulam, Chennai and quash the same. For Petitioner : M/s.M.Govindaraju For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side)

O R D E R

The criminal original petition has been filed seeking to call for the records pertaining to the proceedings in S.C.No.42 of 2024, pending 1/4

on the file of the learned Sessions Judge, Mahila Court, Allikulam, Chennai 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 Joint Memo of Compromise dated 16.03.2024 has been filed before this Court which has been signed by the petitioner and the second respondent before Notary Public. The petitioner and the second respondent were also present in person before this Court and they were identified by Ms.G.Revathi, Women Head Constable, W.17 AWPS. In the joint compromise memo it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in S.C.No.42 of 2024. 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 2/4

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.42 of 2024 pending on the file of the learned Sessions Judge, Mahila Court, Allikulam, 5.This criminal original petition stands allowed and as a sequel, the proceedings in S.C.No.42 of 2024 on the file of the learned Sessions Judge, Mahila Court, Allikulam, Chennai, is quashed and the terms of the Joint Memo of Compromise shall form part and parcel of this order. Consequently, the connected miscellaneous petition is closed.

20.03.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

N.ANAND VENKATESH,J.

pri To 1.The learned Sessions Judge, Mahila Court, Allikulam, 2.The Inspector of Police W17, Peravallur AWPS, (Crime No.2 of 2022) 3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

And Crl.M.P.No.4998 of 2024 20.03.2024 4/4