K. Prakash v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.16361 of 2023 and Crl.MP.No.10407 of 2023

1. K.Prakash

2. Priyanga

3. Amutha Petitioners vs.

1. The Inspector of Police All Women Police Station Chidambaram.

2. Indhumathi Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in CC No.42 of 2021 pending on the file of the learned Judicial Magistrate Court II, Chidambaram.

For Petitioner : Mr. N. Sairam Ganapathi For Respondent :Mr. A. Gopinath, Government Advocate (Crl. Side)-R1

ORDER

The Criminal Original Petition has been filed to quash the proceedings in CC No.42 of 2021 pending on the file of the learned

Judicial Magistrate Court II, Chidambaram.

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 Joint Compromise Memo has been filed by the parties before this Court. The petitioners and the Defacto complainant were also present in person before this Court. In the memo, it has been stated that the petitioners and the defacto complainant had entered into a compromise and amicably settled their issues in CC No.42 of 2021. 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 CC No.42 of 2021 pending on the file of the learned Judicial Magistrate Court II, Chidambaram.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in CC No.42 of 2021 pending on the file of the learned Judicial Magistrate Court II, Chidambaram, is quashed and the terms of affidavit shall form part and parcel of this order. Consequently, the connected miscellaneous petition is closed.

07.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka/dpa To

1. The Judicial Magistrate Court II, Chidambaram

2. The Inspector of Police All Women Police Station Chidambaram.

3. The Public Prosecutor, High Court, Madras

N. ANAND VENKATESH, J.

rka Crl.O.P No.16361 of 2023 and Crl.MP.No.10407 of 2023 07.09.2023