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Madras High CourtCRL OP/14638/2019allowed

Visweshsasthri v. Meera

2019-06-10Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP.No.14638 of 2019 and CRL.M.P.No.7087 of 2019 1.Mr.Visweshsasthri 2.Mr.Balasubramanian 3.Mr.Palani 4.Mr.G.Thulasi 5.Mr.C.Murali

...Petitioners/Accused No.1 to 5

Vs.

Mrs.Meera

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the case in P.R.C.No.7 of 2019 pending committal on the file of the Learned Judicial Magistrate No.II at Kanchipuram and quash the same.

For Petitioner : Mr.K.G.Senthilkumar

ORDER

The Criminal Original Petition has been filed to quash the proceedings in P.R.C.No.7 of 2019, on the file of the Judicial Magistrate No.II, Kanchipuram.

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 10.06.2019 has been filed by the respondent/de-facto complainant before this Court. In order to identify the respective parties, they have also produced the copy of the Aadhaar Card is made part of the record. 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 https://hcservices.ecourts.gov.in/hcservices/

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 P.R.C.No.7 of 2019 pending on the file of the Judicial Magistrate No.II, Kanchipuram.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in P.R.C.No. 7 of 2019, on the file of the Judicial Magistrate No.II, Kanchipuram, is quashed and the terms of affidavit shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.2,500/- (Rupees two thousand five hundred 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 also closed.

Sd/- Deputy Registrar(CJ.Conf) //True copy// Sub Assistant Registrar jas/uma To The Judicial Magistrate No.II Kanchipuram.

+1cc to Mr.K.G.Senthilkumar, Advocate SR.No.46087 CRL.OP.No.14638 of 2019 and CRL.M.P.No.7087 of 2019 BR(CO) GMY(01/07/2019) https://hcservices.ecourts.gov.in/hcservices/