Gopalakrishnan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Gopalakrishnan S/o.Chakarapani

...Petitioner

Vs State represented through 1.The Inspector of Police, W27, All Women Police Station, Vadapalani, Chennai.

Crime No.03/2023 2.P.Veena W/o.Gopalakrishnan 3.Ms.M.Ishwariya, WPC 53981, W33, Virugambakkam All Women Police Station, Chennai.

... Respondents [R3 suo motu impleaded by this Court vide order dated 07.07.2023] PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records relating to C.C.No.747 of 2023 pending on the file of learned XXIII Metropolitan Magistrate, Saidapet, Chennai and quash the same. 1/4

For Petitioner : Mr.S.Vellidoss For Respondent : Mr.A.Damodaran Additional Public Prosecutor [R1] Ms.P.Veena [R2] *****

O R D E R

Ms.M.Ishwariya, WPC 53981, W33, Virugambakkam All Women Police Station is suo motu impleaded as third respondent in the present petition.

2. The Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.747 of 2023 pending on the file of XXIII Metropolitan Magistrate, Saidapet, Chennai.

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

4. A compromise affidavit has been filed by the second respondent/de-facto complainant before this Court. The petitioner and the second respondent were also present in person before this Court and they 2/4

were identified by Ms.M.Ishwariya, WPC 53981, W33, Virugambakkam All Women Police Station [Mobile:97876 29247]. 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.747 of 2023 pending on the file of XXIII Metropolitan Magistrate, Saidapet, Chennai. 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 C.C.No.747 of 2023 pending on the file of XXIII Metropolitan Magistrate, Saidapet, Chennai.

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N.ANAND VENKATESH, J gm This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.747 of 2023 pending on the file of XXIII Metropolitan Magistrate, Saidapet, Chennai, is quashed and the terms of affidavit shall form part and parcel of this order. 07.07.2023 Index : Yes/No Speaking order:Yes/No gm To 1.The XXIII Metropolitan Magistrate, Saidapet, Chennai.

2.The Inspector of Police, W27, All Women Police Station, Vadapalani, Chennai.

Crime No.3 of 2023 3.The Public Prosecutor, High Court, Madras.

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