M.Mohammed Yusuf v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Mohammed Yusuf ... Petitioner Vs.

1. State, represented by The Inspector of Police, W-30, All Women Police Station, Poonamallee, Chennai - 600 056.

2. S.Shaharu Banu Beevi ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for records pertaining to the Charge Sheet filed in C.C.No.344 of 2017 pending on the file of the District Munsif cum Judicial Magistrate, Sriperumbudur and quash the same.

1/5

For Petitioner : Mr.S.Jerald Lenin For Respondent No.1 : A.Damodaran Additional Public Prosecutor For Respondent No.2 : Mr.Y.Kaja Navas

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.344 of 2017 pending on the file of the District Munsif cum Judicial Magistrate, Sriperumbudur.

2. The case is still at the stage of Trial. the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The Affidavit dated 05.05.2023 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioner and the second respondent were also present before this Court and they were identified by Mrs.K.Gracy, WSSI, All Women Polce Station, Poonamallee, who was also present at the time of hearing. In order to identify the respective parties they have also produced the copies of the Aadhaar 2/5

Card and it is made part of the record. 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 C.C.No.344 of 2017. 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 Suprme 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 C.C.No.344 of 2017, on the file of the District Munsif cum Judicial Magistrate, Sriperumbudur.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.344 of 2017, on the file of District Munsif 3/5

cum Judicial Magistrate, Sriperumbudur, is quashed and the terms of affidavit shall form part and parcel of this order. 05.07.2023 Index : Yes/No Speaking order:Yes/No rka To

1. The Inspector of Police, W-30, All Women Police Station, Poonamallee, Chennai - 600 056.

2. The District Munsif cum Judicial Magistrate, Sriperumbudur. 4/5

N.ANAND VENKATESH, J rka Criminal Original Petition No.14856 of 2023 05.07.2023 5/5