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Madras High CourtCRL OP/12247/2023allowed

Issac v. State Rep.By Its

2024-03-05Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.7456 of 2023 R.Issac S/o.Ravishankar ... Petitioner Vs.

1. The State represented by The Inspector of Police, Pallavaram Police Station, Pallavaram, Chennai.

Crime No.1558 of 2016 2.P.Nishanthi W/o.Issac ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records and to quash the S.C.No.6 of 2019 on the file of Mahila Court, Chengalpet. For Petitioner : Mr.Syed Nizamuddin Ahmed Hussaini For Respondents : Mr.A.Gopinath Government Advocate (Crl.side) [R1] ***** 1/4

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in S.C.No.6 of 2019 pending on the file of Mahila Court,

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. An affidavit of second respondent has been filed before this Court. The petitioner and second respondent were present before this Court. In the affidavit, 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.6 of 2019 pending on the file of Mahila Court, Chengalpet. 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 2/4

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 Supreme 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 proceedings in S.C.No.6 of 2019 pending on the file of Mahila Court, This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.6 of 2019 pending on the file of Mahila Court, Chengalpet, is quashed and the terms of affidavit shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed.

05.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm 3/4

N.ANAND VENKATESH, J.

gm To 1.The Mahila Court, 2.The Inspector of Police, Pallavaram Police Station, Pallavaram, Chennai.

Crime No.1558 of 2016 3.The Public Prosecutor, High Court, Madras.

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