Prembabu, Aged 28 Years, v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2018 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.12469 of 2018 Prembabu

...Petitioner

Vs.

1.State rep. by The Inspector of Police N-I, Royapuram Police Station Royapuram, Chennai-600 013.

Crime No. 774/2016.

2.Keerthana ... Respondents Criminal Original Petition is filed under Section 482 of Cr.P.C seeking a direction to call for the entire records in C.C.No.1830 of 2017 pending on the file of XVI Metropolitan Magistrate, George Town, Chennai District and quash the proceedings against the petitioner.

For Petitioner : Mr.R.Ramamoorthy For Respondents : Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

This criminal original petition has been filed seeking a direction to call for the entire records in C.C.No.1830 of 2017 pending on the file of the Metropolitan Magistrate Court No.XVI, George Town, Chennai District and quash the proceedings against the petitioner.

2. On the complaint lodged by the second respondent, the first respondent police have registered a case in Crime No.774 of 2016 and after completing investigation has filed a charge sheet in C.C.No.1830 of 2017 before the Metropolitan Magistrate No.XVI, George Town, Chennai, for the offence under Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, 2002, against the petitioner. The petitioner/accused has filed the present quash petition on the ground that the parties have arrived at a compromise.

3. Today, Prembabu/petitioner and Keerthana/de facto complainant are present before this Court. They are identified by one Mr.Anandakumar, PC 29526, N1, Royapuram Police Station, Chennai.

4. The learned counsel for the petitioner/accused submitted that the de facto complainant married the accused on 03.03.2018.

5. The second respondent/de facto complainant has filed an affidavit dated 24.04.2018, wherein in Paragraph Nos. 4 & 5, she has stated as follows:

"4. I submit that I and the above petitioner / accused arrived at a compromise and I decided to withdraw the case pending before the XVI Metropolitan Magistrate, George Town, Chennai District. Since I decided not to precipitate the issue and arrive at an amicable compromise of the issue on hand, therefore, nothing survives in this case.

5. I submit that though the case has been charge sheeted and assigned C.C.No.1830/2017, I have not given evidence, therefore, It would take much more time and multiplicity of proceedings to file a compounding petition before the XVI Metropolitan Magistrate after committal.

Hence, I am swearing this affidavit to show that I do not have any objection to quash the proceedings in C.C.No.1830/2017 pending against the accused before the XVI Metropolitan Magistrate, George Town, Chennai District."

6. Since the parties have arrived at a compromise as stated above, this petition is allowed and the prosecution in C.C.No.1830 of 2017 in Crime No.774 of 2016 on the file of the Metropolitan Magistrate No.XVI, George Town Chennai, is hereby quashed.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar

mk To 1.The Metropolitan Magistrate No.XVI, George Town, Chennai.

2. Do Thro The Chief Metropolitan Magistrate Chennai.

3.The Inspector of Police N-I, Royapuram Police Station Royapuram, Chennai-600 013.

4.The Public Prosecutor High Court, Madras.

+1 CC to Mr.R. Ramamoorthy, Advocate sr 31643. Crl.O.P.No.12469 of 2018 NRL(CO) SP(11/05/2018)