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Madras High CourtCRL OP/16349/2019allowed

G.Indrani v. The State Of Tamilnadu

2019-06-25Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP No.16349 of 2019 and Crl.M.P No.8152 of 2019 Crl.O.P.No.16457 of 2019 and Crl.M.P.No.8251 of 2019 1.G.Indrani 2.C.Gnanasekaran 3.G.Jayaseelan 4.V.Geetha 5.C.S.Venkatesh 6.C.Udaiya Kumar 7.Gomathi

...Petitioners in Crl.O.P.No.16349 of 2019

P.G.Selvam @ Mohammed Syed

...Petitioner in

Crl.O.P.No.16457 of 2019 Vs.

1.The State of Tamilnadu, Rep.by Inspector of Police, All Women Police Station, Barugur, Krishnagiri District (Crime No.1 of 2006) 2.Dr.C.Rekha

...Respondents in both Crl.O.Ps.

PRAYER in Crl.O.P.No.16349 of 2019: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash C.C.No.74 of 2019 pending on the file of the Additional Mahila Court (JM Level), Krishnagiri in Crime No.1 of 2006.

PRAYER in Crl.O.P.No.16457 of 2019: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash C.C.No.80 of 2019 pending on the file of the Additional Mahila Court (JM Level), Krishnagiri in Crime No.1 of 2006.

For Petitioners : Mr.S.Raghuman in both Crl.O.Ps.

For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor (for R1)

COMMON ORDER These two petitions have been filed seeking to quash C.C.Nos. 74 and 80 of 2019 pending on the file of the Additional Mahila Court (JM Level), Krishnagiri in Crime No.1 of 2006.

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. A joint memo of Compromise, dated 15.04.2019 and 16.04.2019 has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel and affidavit of 2nd respondent dated 20.04.2019 has also been filed in both cases. The petitioner and the 2nd respondent were also present in person before this Court and they were identified by the Investigating Officer. 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 case in C.C No.74 and 80 of 2019 pending on the file of the Additional Mahila Court, (J.M. Level), Krishnagiri.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.74 and 80 of 2019 pending on the file of the Additional Mahila Court, (J.M. Level), Krishnagiri, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order. Consequently, the connected miscellaneous petitions are closed.

6. The Superintendent of Police, Krishnagiri is directed to immediately take steps to withdraw the Look Out Circular that has been issued against A1 and A3 viz., P.G.Selvam and G.Jayaseelan. This process shall be completed within a period of six weeks from the date of receipt of copy of this order. Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar uma

To 1.The Additional Mahila Court (JM Level), Krishnagiri 2.The Inspector of Police, All Women Police Station, Barugur, Krishnagiri District (Crime No.1 of 2006) 3.The Public Prosecutor, High Court, Madras.

+10cc to Mr.R.Radha Pandian, Advocate, S.R.No.52465, 52466 CRL.OP No.16349 of 2019 and Crl.M.P No.8152 of 2019 Crl.O.P.No.16457 of 2019 and Crl.M.P.No.8251 of 2019 RGN(CO) GN(29/07/2019)