Samuel v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.8028 of 2021 Samuel ... Petitioner
Versus
1. State Rep By:
Inspector of Police, W 3 All Women Police Station, Chindadaripet, Chennai.
2. Rajakumari ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records in C.C.No.166 of 2017 U/s 354(A), 354(D) and 506(i) of IPC and 66(E) of I.T.Act pending on the file of the learned Additional Mahila Court, Egmore, Chennai and quash the proceedings in sofar as they related to the petitioner.
For Petitioner :
Mr.M.Rajavelu For R1 :
Mr.M.Mohammed Riyaz, Additional Public Prosecutor For R2 :
Mr.K.Prasath Kumar *****
ORDER
This Criminal Original Petition has been filed to quash the proceedings in C.C.No.166 of 2017 pending on the file of the Additional Mahila Court, Egmore, Chennai.
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 Affidavit dated 29.04.2020 has been filed by the 2nd respondent and her daughter before this Court. The petitioner and the 2nd respondent and her daughter and Tmt.Ranganayagi, Constable attached to the 1st respondent were present through Video Conference before this Court. In the affidavit it has been stated that the petitioners and the 2nd respondent have entered into a compromise and amicably settled their issues in https://hcservices.ecourts.gov.in/hcservices/
C.C.No.166 of 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 First Information Report 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 proceedings in C.C.No.166 of 2017 on the file of the Additional Mahila Court, Egmore, Chennai.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.166 of 2017 on the file of the Additional Mahila Court, Egmore, Chennai is quashed and the terms of affidavit shall form part and parcel of this order. *XEROX COPY OF AFFIDAVIT ENCLOSED Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar vv2 To
1. The Additional Mahila Judge, Egmore, Chennai.
2. The Inspector of Police, W 3 All Women Police Station, Chindadaripet, Chennai.
3. The Public Prosecutor, High Court, Madras.
+1cc to Mr. M. Rajavelu, Advocate, S.R.No.27077 CRL.O.P.No.8028 of 2021 RSV(CO) BE(16/07/2021) https://hcservices.ecourts.gov.in/hcservices/