Pradeep v. State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2020

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12548 of 2020 Pradeep S/o.Late Govindasamy, No.5,Chenniyangiri Valasu, Mukasidariyur, Erode-638 051.

...Petitioner

-Vs1.State Rep. By, The Inspector of Police, Perur Police Station, Coimbatore.

2.M.Saranya 3.M.Shakila 4.Dilip Kumar ... Respondents (R2 to R4 are impleaded as per order in Crl MP.No.5020/2020 in Crl.O.P.No.12548/2020 dated 21.08.2020) Prayer: Criminal Original petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and to quash the proceedings in C.C.No.119 of 2016 on the file of the learned Judicial Magistrate No.I, Coimbatore against the petitioner.

For Petitioner : Mr.G.R.Deepak For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records and to quash the proceedings in C.C.No.119 of 2016 on the file of the learned Judicial Magistrate No.I, Coimbatore against the petitioner.

2. The learned counsel for the petitioner submits that the petitioner and the second respondent had married on 27.08.2015, thereafter difference of opinion has arose between the petitioners family and the complainant family. Therefore, the defacto complainant gave four different cases viz. C.C.No.119 of 2016, D.V.A.No.346 of 2019, M.C.No.44 of 2016 and FIR in Crime No.111 of 2017 and the same are pending. He would also submit that the petitioner and his family members have entered into a Memorandum of Understanding with the second respondent and her family members dated 29.07.2020. Therefore, the present complaint cannot be sustained as against the petitioner. 3.

A Memorandum of understanding has been filed before this Court which have been signed by the petitioner and the *respondents 2 to 4 they also filed affidavit by parties.

4. Under such circumstances, no useful purpose will be served in keeping the C.C.No.119 of 2016 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 C.C.No.119 of 2016 in

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.119 of 2016 on the file of the learned Judicial Magistrate No.I, Coimbatore is quashed and the terms of Memorandum of Understanding shall form part and parcel of this Order.

*herein Enclosed the xerox copy of Memorandum of Understanding. Sd/- Assistant Registrar(CO) *corrected as per order of this Court for being mentioned dated 22.09.2020 and made in Crl.OP.No.12548 of 2020 -s/dAssistant Registrar(CO) Dated-01/10/2020 //True Copy// Sub Assistant Registrar

To

1. The learned Judicial Magistrate No.I, Coimbatore.

2.The Inspector of Police, to be substituted Perur Police Station, For the order already Coimbatore.

despatched on 21.09.2020

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.R.Deepak, Advocate Sr.27968 Crl.O.P.No.12548 of 2020 ks[co] srg 21/09/2020 A.SK(05/10/2020)