Sivasubramanian v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.14810 of 2019 and Crl.M.P No.7249 of 2019 Sivasubramanian Petitioner/A1 vs.

1. State by The Inspector of Police, Reddiyarpalayam, Crime No.79 of 2016.

2. V.Harini Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating of the proceedings in Spl.S.C.No.4 of 2019 pending on the file of the Principal District Court at Puducherry and quash the same. For Petitioner : Mr.S.Xavier Felix For Respondents: Mr.V.Balamurugane Additional Public Prosecutor Puducherry for R1

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in Spl.S.C.No.4 of 2019 pending on the file of the Principal District Court at Puducherry.

2. The case is still at 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 25.06.2019 has been filed by the 2nd respondent before this Court. The petitioner and the second respondent were also present in person before this Court. In order to identify the respective parties they have also produced the copies of the Aadhaar Card are made part of the record. In the affidavit it has been stated that the petitioner and the

second respondent had entered into a compromise and amicably settled their issues in Spl.S.C.No.4 of 2019. 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 Spl.S.C.No.4 of 2019 pending on the file of the Principal District Court at Puducherry.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Spl.S.C.No.4 of 2019 pending on the file of the Principal District Court at Puducherry, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1000/- (Rupees One Thousand 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 closed. s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar ssr To

1. Principal District Court at Puducherry

2. The Inspector of Police, Reddiyarpalayam, 3.The Section officer Accounts Section High Court, Madras 104.

4. The Public Prosecutor, +2 CCS to Mr.S.Xavier Felix, Advocate sr 52437 Crl.O.P No.14810 of 2019 and Crl.M.P No.7249 of 2019 SP(09/07/2019)