Krishnabharathi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.OP.No.8659 of 2020

1. Krishnabharathi S/o. Karmegam ... Petitioners/1st Accused

2. Geetha Ramesh S/o. Ramesh ...2nd Petitioner/3rd Accused vs.

1. State, Rep. by its Inspector of Police, W-8, Women Police Station, Thirumangalam, Chennai.

2. Sharmila

...Respondents/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to C.C No.1 of 2017 on the file of the Mahila Court, Egmore (Allikulam) and quash the same insofar as the petitioner is concerned.

For Petitioners : Mr.Sudha Ramalingam For R-1 : Mr.Mohamed Riyaz, Addl.Public Prosecutor For R-2 : Mr.Viswanathan

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C No.1 of 2017, pending on the file of the Mahila Court, Egmore (Allikulam).

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. Based on the Memorandum of Understanding and the affidavit filed by the 2nd respondent/de-facto complainant before this Court and the fact that the defacto complainant appeared along with her counsel through video conferencing and acknowledged the fact that the matter has been compromised and she has received the amount agreed in the memorandum of https://hcservices.ecourts.gov.in/hcservices/

understanding, this petition was taken up for hearing. In the affidavit it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in C.C No.1of 2017. 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 proceedings 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. Quashes the case in C.C No.1 of 2017, on the file of the Mahila Court, Egmore (Allikulam).

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C No.1 of 2017, on the file of the Mahila Court, Egmore (Allikulam), is quashed and the terms of affidavit shall form part and parcel of this order. Consequently, the connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar mp/kp To

1. The Inspector of Police, W-8, All Women Police Station, Thirumangalam, Chennai.

2. The learned Mahila Court ((Allikulam), Egmore.

3. The Public Prosecutor, Puducherry.

Crl.O.P No.8659 of 2020 PP(CO) GMY(02/07/2020) https://hcservices.ecourts.gov.in/hcservices/