K.Balakrishnan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.16651 of 2023 and Crl.M.P.No.10647 of 2023

1. K.Balakrishnan (Ex MLA)

2. P.Selva Singh

3. T.K.Shanmugam

4. G.Bheemrao, Ex.MLA .. Petitioners Vs.

1. State rep. by The Inspector of Police, F-3 Nungambakkam Police Station, Nungambakkam, Chennai.

2. K.Baskar Chandran ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.7008 of 2022 and quash the proceedings pending on the file of Chief Metropolitan Magistrate, Egmore.

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For Petitioners : Mr.S.Senthilnathan For Respondent No.1 : Mr.A.Damodaran Additional Public Prosecutor For Respondent No.2 : Mr.K.P.Anantha Krishnan

O R D E R

This Criminal Original Petition has been filed to call for the records pertaining to the proceedings in C.C.No.7008 of 2022, pending on the file of Chief Metropolitan Magistrate, Egmore 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 Compromise memo has been filed by the 2nd respondent/de-facto complainant before this Court, which have been signed by both the petitioners and the second respondent. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.A.Karuppiah, Sub2/5

Inspector of Police, F3, Nungambakkam Police Station, Chennai. In the memo, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in C.C.No.7008 of 2022. 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 Suprme 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 case in C.C.No.7008 of 2022, pending on the file of Chief Metropolitan Magistrate, Egmore.

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5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.7008 of 2022, pending on the file of Chief Metropolitan Magistrate, Egmore, is quashed in entirety and the terms of affidavit shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed. 31.07.2023 Index : Yes/No Speaking order:Yes/No rka To

1. The Chief Metropolitan Magistrate, Egmore.

2. The Inspector of Police, F-3 Nungambakkam Police Station, Nungambakkam, Chennai.

3. The Public Prosecutor Madras High Court, Madras.

N.ANAND VENKATESH, J 4/5

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