I.Muthu Raja v. S.Vasantha Supriya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP.No.14678 of 2019 and Crl.M.P No.7182 of 2019 I. Muthu Raja

...Petitioner

Vs.

1. S.Vasantha Supriya

2. State of Tamil Nadu Rep. By Sub Inspector of Police, W 35 All Women Police Station, Tambaram.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.705 of 2014 pending on the file of the learned Judicial Magistrate, Tambaram and quash the same.

For Petitioner : Mr.M. Udayaraj For 2nd Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.705 of 2014 pending on the file of the learned Judicial Magistrate, Tambaram.

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. A joint memo of compromise, dated 13.09.2014, has been filed before this Court which has been signed by the de-facto complainant / 2nd respondent and by her counsel. The petitioner and the 2st respondent were also present in person before this Court and they were identified by the Investigating Officer. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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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.705 of 2014 pending on the file of the learned Judicial Magistrate, Tambaram.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.705 of 2014 pending on the file of the learned Judicial Magistrate, Tambaram, is hereby quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Consequently, the connected miscellaneous petition is closed.

(*) Copy of Joint Memo of compromise dated 13.09.2014, is enclosed herewith Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar uma To

1. The Judicial Magistrate, Tambaram.

2. Sub Inspector of Police, W 35 All Women Police Station, Tambaram.

3. The Public Prosecutor, High Court, Madras.

+1 cc to M/s.C.Meena Arumugam, Advocate, S.R.No.52205 CRL.OP No.14678 of 2019 and Crl.M.P.No.7182 of 2019 BP(CO) SSM(29/07/2019) https://hcservices.ecourts.gov.in/hcservices/