N.V.P.Ashok, v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.1933 of 2018 N.V.P.Ashok S/o.Paneerselvam .. Petitioner/Accused No.1 Vs.

1. State represented by Inspector of Police, Vedaranyam Police Station, Vedaranyam Town & Taluk, Nagapattinam District.

2. N.V.Kamaraj, S/o.N.Vedarathinam .. Respondents (R2 is impleaded as per the order of this Court dated 07.03.2018 made in Crl.M.P.No.3558 of 2018) PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records relating to the proceedings in S.C.No.323 of 2008 pending on the file of the District and sessions Court, Nagapattinam and quash the same.

For Petitioner : M/s.V.Kasinatha Bharathi For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1

ORDER

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in S.C.No.323 of 2008, pending on the file of District and sessions Court, Nagapattinam and quash the same.

2.

The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.

The sworn affidavit dated 08.12.2017 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioner and the second respondent were also present through Video conferencing and they were identified by Mr.Jayashankar, Special Sub Inspector of Police, Vedaranyam Police Station, Nagapattinam District. In the Memo, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their

issues in S.C.No.323 of 2008. 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 S.C.No.323 of 2009, pending on the file of the District and Sessions Court, Nagapattinam.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.323 of 2008, pending on the file of the District and Sessions Court, Nagapattinam, is quashed as against the all accused persons and the terms of Memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.2,500/- (Rupees Two Thousand five hundred only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), 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.

Sd/- Assistant Registrar (IX) /TRUE COPY/ Sub-Assistant Registrar kal

To

1. The District and Sessions Court, Nagapattinam

2. The Inspector of Police, Vedaranyam Police Station, Vedaranyam Town & Taluk, Nagapattinam District.

3. The Public Prosecutor, Puducherry.

Copy to:

1.The President TamilNadu Advocate Clerk Association Madras High Court.

2.The Section Officer Criminal Section High Court,Madras-104.

+1CC to Mr.V.Kasinatha Bharathi Advocate, SR.NO.11746. Crl.O.P No.1933 of 2018 AAB(CO) NRA(17/03/2021)