Karthikeyan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.13829 OF 2021 Karthikeyan ... Petitioner

Versus

1. The Inspector of Police, N-2, Kasimedu Police Station, Royapuram, Chennai - 600 013.

Crime No.355 of 2019

2. Vidyavathi @ Yuvathi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the record in C.C.No.1678 of 2019 on the file of the XVI Metropolitan Magistrate Court, George Town, Chennai - 600 001, quash the same.

For Petitioner : Mr.D.Sugumar For Respondents : Mr.A.Damodaran for R1 Government Advocate (Crl.Side) Mr.R.Ramesh, for R2

ORDER

This petition has been to call for the record in C.C.No.1678 of 2019 on the file of the XVI Metropolitan Magistrate Court, George Town, Chennai - 600 001, quash the same.

2. It is the case of the prosecution is that the petitioner using scandalous words and threatened to the defacto complainant. Hence, she made a complaint before the N2, Kasimedu Police Station, an FIR was registered in Crime No.355 of 2019 dated 19.05.2019 for the offence under Sections 294(b) and 506(i) of IPC. Hence, he filed a complaint and it is numbered as C.C.No.1678 of 2019 before the XVI Metropolitan Magistrate Court, George Town, Chennai.

3. 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.

4. A Joint Memo of Compromise dated 22.07.2021 has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. In the Joint Memo of compromise it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in CC.No.1678 of 2019. This Court enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves.

5. 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), 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 case in C.C.No.1678 of 2019, pending on the file of the learned XVI Metropolitan Magistrate, George Town, Chennai.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.1678 of 2019, pending on the file of the learned XVI Metropolitan Magistrate, George Town Chennai, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

* (Herein Enclosed the xerox copy of Joint memo of compromise). Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar dna To

1. The XVI Metropolitan Magistrate Court, George Town, Chennai - 600 001

2. The Inspector of Police, N-2, Kasimedu Police Station, Royapuram, Chennai - 600 013.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.13829 of 2021 KSM(CO) RLP(21/09/2021)