Hasanudeen v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Hasanudeen S/o.Jainulabdeen 2.Gugan @ Virugai Gugan S/o.Baktavatchalam 3.Appu @ Sasikumar S/o.Ananthakumar 4.Manikandan S/o.Sakthi Narayanan 5.Saravanan S/o.Sampathkumar ... Petitioners Vs.

1.The State represented by The Sub Inspector of Police, R9, Valasaravakkam Police Station, T.Nagar, Chennai.

Crime No.890 of 2017 2.Sugumar S/o.Poopandiyan ... Respondents 1/6

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records and quash the prosecution in S.C.No.231 of 2023 on the file of Principal District and Sessions Court, Thiruvallur.

For Petitioners : Mr.N.Chandrasekaran, Senior Counsel for Ms.M.F.Shabana For Respondents : Mr.A.Gopinath Government Advocate [Crl.side] [R1] Mr.E.Vijay Anand [R2] *****

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in S.C.No.231 of 2023 pending on the file of Principal District and Sessions Court, 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. A Joint Compromise Memo dated 20.03.2024 signed by both parties has been filed before this Court. The petitioners and second respondent were also present in person before this Court. In the Joint 2/6

Memo of Compromise, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in S.C.No.231 of 2023 pending on the file of Principal District and Sessions Court, Thiruvallur. This Court also enquired both the parties. This Court 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 S.C.No.231 of 2023 pending on the file of Principal District and Sessions Court, Thiruvallur. 3/6

This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.231 of 2023 pending on the file of Principal District and Sessions Court, Thiruvallur, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.750/- (Rupees Seven Hundred and Fifty 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 12.04.2024.

28.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm 4/6

To 1.The Principal District and Sessions Court, Thiruvallur.

2.The Sub Inspector of Police, R9, Valasaravakkam Police Station, T.Nagar, Chennai.

Crime No.890 of 2017 3.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J.

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