Karthik v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.Nos.16039 and 19073 of 2019 & Crl.M.P.Nos.8004, 8005, 9698 and 9699 of 2019 Karthik

...Petitioner

in Crl.O.P No.16039 of

1. Mahesh

2. Sivaraman

3. Dillibabu

...Petitioners

in Crl.O.P.No.19073 of 2019 Vs.

1. The State Rep. by Inspector o f Police, F-3, Nungambakkam Police Station, Nungambakkam, Chennai-600 034.

(Crime No.253 of 2018)

2. Venugopal

...Respondents

in both Crl.O.Ps.

COMMON PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the case in C.C No.644 of 2019 pending on the file of the XIV Metropolitan Magistrate, Egmore and quash the same as against the petitioners.

For Petitioner : Mr.S.Ashok Kumar in Crl.O.P No.16039 of 2019 For Petitioners : Mr. Bhagawat Krishna.R in Crl.O.P No.19073 of 2019 For 1st Respondent : Mr. M.Mohamed Riyaz, Additional Public Prosecutor in both Crl.O.Ps For 2nd Respondent : Mr.Babu Manohar in both Crl.O.Ps.

COMMON ORDER These two Criminal Original Petitions have been filed seeking to quash the proceedings in C.C. No.644 of 2019 on the file of the XIV Metropolitan Magistrate, Egmore.

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. An Affidavit dated 18.07.2019 has been filed by the second respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present in person before this Court and in order to identify the respective parties, they have also produced the copy of the Aadhaar Card is 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 proceedings in C.C. No.644 of 2019 on the file of the XIV Metropolitan Magistrate at Egmore.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C No.644 of 2019, on the file of the XIV Metropolitan Magistrate at Egmore, is quashed and the terms of affidavit shall form part and parcel of this order. Each of the petitioner 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. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(insp cell) //True Copy// Sub Assistant Registrar uma To

1. The XIV Metropolitan Magistrate ,Egmore ,Chennai.

2. Inspector o f Police, F-3, Nungambakkam Police Station, Nungambakkam, Chennai-600 034.

3.The Public Prosecutor, High Court, Madras.

Copy to The Section Officer, Accounts Section, High Court,Madras +1cc to Mr.S.Ashok Kumar , Advocate SR.No. 61139 +1cc to Mr.Babu Manohar , Advocate SR.No. 61392 Crl.O.P.Nos.16039 and 19073 of 2019 & Crl.M.P.Nos.8004, 8005, 9698 and 9699 of 2019 A.SK(13/08/2019)