Pachaiyappan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 4/7/2022 C O R A M THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.9665 OF 2022 1.Pachaiyappan 2.Maraiyamma 3.Sadasivam 4.Parameshwari 5.Ambika 6.Muniyandi

...Petitioners

Vs 1.The State Rep. By The Sub-Inspector of Police (Law & Order) K.10 Koyambedu Police Station Chennai 107.

2.R.Varadhan

...Respondents

PRAYER : Criminal Original Petitions filed under Section 482 of Cr.P.C. to call for the records pertaining to case in C.C.No.1808 of 2015 on the file of the learned V Metropolitan Magistrate, Egmore, Chennai and quash the same based on the joint compromise memo.

For Petitioner :

Mr.S.Venkatesan For Respondents :

Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side) for R.1.

Mr.G.Mohan for R.2

O R D E R

This Criminal Original Petition has been filed to quash the proceedings, pending C.C.No.1808 of 2015, in Crime No.1119 of

2014, on the file of the learned V Metropolitan Magistrate, Egmore, Chennai, for the offences punishable under Sections 147, 148, 204 (b), 323, 324 and 506 (ii) r/w. 149 of the Indian Penal Code.

2. The case of the prosecution is that matrimonial dispute arose, on 24/7/2014, between the first petitioner and his wife Santhalakshmi, daughter of the defacto complainant. Families of first petitioner and defacto complainant quarreled and attacked each other and lodged a complaint to the first respondent Police.

Based on the complaint lodged by the defacto complainant, first respondent Police registered a case in Crime No.1119 of 2014, for the offence punishable under Sections 294 (b), 323, 324 and 506 (ii) r/w. 149 of the Indian Penal Code and the same was taken on file in C.C.No.1808 of 2015, which is pending for trial before the learned V Metropolitan Magistrate, Egmore, Chennai.

3. Heard Mr.S.Venkatesan, learned counsel for the petitioner, Mr.Leonard Arul Joseph Selvam, learned Government Advocate (Criminal Side) for the first respondent and Mr.G.Mohan, learned counsel for the second respondent.

4. Today, when the matter is taken up for hearing, petitioners and defacto complainant are present before this Court along with their respective counsel.

5. On enquiry, they unilaterally submitted that they have settled the disputes between them and now both the families are having cordial relationship. They have filed a Joint Compromise memo, to quash the case pending in C.C.No.1808 of 2015, on the file of the learned V Metropolitan Magistrate, Egmore, Chennai.

6. Learned Government Advocate (Criminal Side) appearing for the first respondent submitted that two witnesses have been examined and chief examination is also completed before the trial Court.

7. Since both the sides have arrived at an amicable settlement and also considering the fact that the defacto complainant is not interested in prosecuting the above case against the petitioners and also considering the fact that both the families are having cordial relationship, this Court is inclined to quash the proceedings pending in C.C.No.1808 of 2015.

8. Accordingly, this Criminal Original Petition is allowed and C.C.No.1808 of 2015, pending on the file of the learned V Metropolitan Magistrate, Egmore, Chennai, is quashed, based on

the joint compromise memo filed by the parties. Joint memo of compromise shall form part of the records.

Sd/- Assistant Registrar(CS-VIII) // True Copy // Sub Assistant Registrar mvs.

To 1.The V Metropolitan Magistrate, Egmore, Chennai 2.The Sub-Inspector of Police (Law & Order) K.10 Koyambedu Police Station Chennai 107.

3.The Public Prosecutor High Court, Madras.

+3ccs to M/s.S.Venkatesan, Advocate Sr.No.42739 Crl.O.P.No.9665 of 2022 PMK(CO) RVM(19/07/2022)