A.Nambirajan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP.No.15591 of 2019

1. A.Nambirajan

2. C.Anandan

3. A.Hamsakumari

...Petitioners

Vs.

1. The State rep. by The Inspector of Police, W-9, All Woem Police Station, Villivakkam, Chennai - 600 049.

2. K.Chandradevi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash the C.C.No.5651 of 2016 in Crime No.1 of 2016 pending on the file of the Chief Metropolitan Magistrate Court, Egmore, Chennai as an abuse of process of law.

For Petitioners: M/s.R.Radha Pandian For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor(for R1) M/s.Shaik Mehrunisa (Defacto Complainant)

ORDER

The Criminal Original Petition has been filed to call for the records and quash the C.C.No.5651 of 2016 in Crime No.1 of 2016 pending on the file of the Chief Metropolitan Magistrate Court, Egmore, Chennai.

2. The case is still in the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. Based on the affidavit of the 2nd respondent and a joint memo of Compromise, dated 10.06.2019, has been filed before this

Court which have been signed by the petitioners and the 2nd respondent and also by their respective counsel. In order to identify the respective parties they have also produced the copies of the Aadhaar Card are 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 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 C.C.No.5651 of 2016 in Crime No.1 of 2016 pending on the file of the Chief Metropolitan Magistrate Court, Egmore, Chennai.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.5651 of 2016 in Crime No.1 of 2016 pending on the file of the Chief Metropolitan Magistrate Court, Egmore, Chennai, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.500/- (Rupees 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.

* Enclosed the Xerox Copy of the Joint Compromise of Memo. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar ub To 1.The Inspector of Police, W-9, All Women Police Station, Villivakkam, Chennai - 600 049.

2.The Chief Metropolitan Magistrate, Egmore, Chennai.

3.The Section Officer, Accounts Section, High Court, Madras.

4.The Section Officer, (For Reporting Compliance) Criminal Section, High Court, Madras.

5.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Radhapandian, Advocate, S.R.No.49681 CRL.OP.No.15591 of 2019 SKV(CO) RRS(11/07/2019)