A.E.Gnanaseelan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No. 9436 of 2019 & Crl.M.P.No.4962 of 2019 A.E.Gnanaseelan ..Petitioner Vs.

1. The State Rep. by The Inspector o f Police, Central Crime Branch, Chennai.

2. S.Jayavelu ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.5515 of 2013 on the file of the learned Special Judge for CCB Cases at Egmore, Chennai and quash the same.

For Petitioner : Mr. J.Suresh For 1st Respondent : Mr. C.Raghavan Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C No.5515 of 2013, pending on the file of the Special Judge for CCB Cases at Egmore, Chennai.

2. The case is still in 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 01.07.2019 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.S. Ayyappan, Head Constable - 25327, Central Crime Branch, Chennai. In order to identify the respective parties, they have also produced the copy of the Aadhaar Card is made part of the record. 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the case in C.C.No.5515 of 2013, pending on the file of the Special Judge for CCB Cases, Egmore, Chennai.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.5515 of 2013, on the file of the the Special Judge for CCB Cases, Egmore, Chennai, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1500/- (Rupees one thousand and five hundred only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, the connected Miscellaneous Petition is also closed.

(*) Copy of the Memo of Compromise is enclosed herewith. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar uma To

1. The Special Judge, CCB Cases at Egmore, Chennai.

2. The Inspector o f Police, Central Crime Branch, Chennai.

3. The Public Prosecutor, High Court, Madras.

Copy to:

The Section Officer, Accounts Section, High Court, Madras.

The Section Officer, Criminal Section, High Court, Madras.

+1 cc to Mr.J.Suresh, Advocate, S.R.No.54780 Crl.O.P.No.9436 of 2019 & Crl.M.P.No.4962 of 2019 VSN-II(CO) SSM(26/07/2019)