Mohanraj v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.No.13628 of 2022 Mohanraj

...Petitioner

Versus

1. State rep by, Inspector of Police, W-24 AWPS - Teynampet Police Station, Chennai-18.

2.Panimalar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.509/2022 (on the file of XVIII Metropolitan Magistrate Court, Saidapet) and quash the same on the ground of compromise. For Petitioner :

Mr.R.C.Paul Kanagaraj For R1 :

Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.509 of 2022 pending on the file of the XVIII Metropolitan Magistrate Court, Saidapet, Chennai for the offence under Section 354 of IPC.

2.As the parties have decided to compromise the dispute amicably among themselves, they have filed the present petition to quash the proceedings in view of the compromise entered between the parties.

3.A Joint Compromise Memo has been filed before this Court which has been signed by the petitioners and the 2nd respondent. The petitioner and the 2nd respondent are present before this Court and they were identified by Mrs.M.Subaja, Special Sub Inspector of Police, W-24 AWPS-Teynampet Police Station, Chennai, who is also present at the time of hearing. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card and it is made part of the record. https://hcservices.ecourts.gov.in/hcservices/

In the petition, it has been stated that the petitioner and the 2nd respondent have entered into a compromise and amicably settled their issues in C.C.No.509 of 2022. 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 proceedings 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 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.

, is inclined to quash the case in C.C.No.509 of 2022 on the file of the XVIII Metropolitan Magistrate Court, Saidapet, Chennai. 5.According, this Criminal Original Petition stands allowed and the proceedings in C.C.No.509 of 2022 on the file of the XVIII Metropolitan Magistrate Court, Saidapet is quashed.

1. The XVIII Metropolitan Magistrate, Saidapet, Chennai.

2. Thro The Chief Metropolitan Magistrate, Egmore.

3. The Inspector of Police, W-24 AWPS - Teynampet Police Station, Chennai-18.

4. The Public Prosecutor, High Court, Madras.

+2cc to Mr.R.C.Paul Kanagaraj, Advocate, S.R.No.37930 CRL.O.P.No.13628 of 2022 RLD(CO) RGA(05/07/2022) https://hcservices.ecourts.gov.in/hcservices/