V.Ramkumar v. The State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.16321 of 2020 and Crl.M.P Nos.6261 & 6262 of 2020 V.Ramkumar Petitioner/Sole Accused vs.

1. The State Rep. by The Station House Officer, Villupuram Town Police Station, Villupuram District.

(Crime No.232 of 2018) ... R1/Complainant

2. M.Devi ... R2/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the Charge Sheet filed P.R.C.No.8 of 2020 on the file of the learned Judicial Magistrate No.1, Villupuram and quash the same. For Petitioner : Mr.S.Venkatesh For Respondents: Mr.M.Mohammed Riyaz Additional Public Prosecutor for R1 Mr.A.Prakash for R2

ORDER

The Criminal Original Petition has been filed to call for the records relating to the Charge Sheet filed in P.R.C.No.8 of 2020 on the file of the learned Judicial Magistrate No.1, Villupuram and quash the same.

2. The case is still at the stage of trial in S.C.No.203 of 2020 on the file of the Fast Track Mahila Court, Villupuram. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The affidavit dated 27.10.2020 has been filed by the 2nd respondent/de-facto complainant before this Court. The

petitioners and the second respondent were also present through Video conferencing and they were identified by Mr.Radhakrishnan,Station House Officer, Villupuram Town Police Station, Villupuram District, who was also present at the time of hearing through Video conferencing. In the affidavit it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in S.C.No.203 of 2020. 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 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 case in S.C.No.203 of 2020 on the file of the Fast Track Mahila Court, Villupuram.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.203 of 2020, on the file of the Fast Track Mahila Court, Villupuram, is quashed and the terms of affidavit shall form part and parcel of this order. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Ssr ENCL: Xerox Copy of Affidavit To

1. The Judicial Magistrate No.I, Villupuram 2.The Fast Track Mahila Court, Villupuram.

3. The Station House Officer, Villupuram Town Police Station, Villupuram District.

4.The Chief Judicial Magistrate, Villupuram.

5. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Venkatesh, Advocate, S.R.No. 1398 Crl.O.P No.16321 of 2020 and Crl.M.P Nos.6261 & 6262 of 2020 RV(CO) GN(12/02/2021)