Selvin v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

1. Selvin

2. Pushpa

3. Valli

4. Muthu

5. Ganesan

6. Revathy ... Petitioners Vs

1. State rep.by The Inspector of Police, All Women Police Station, Sriperambadur, Kancheepuram District.

Crime No.11/2013

2. Elizabeth Pramila ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records and to quash the proceedings pending trial in C.C.No.253 of 2014 on the file of the Court of District Munsif cum Judicial Magistrate, Sriperumbudur at Kancheepuram district. For Petitioner : Mr.C.V.Kumar For Respondent : Mr.S.Santhosh Govt.Advocate (Crl.side) for R1 1/5

ORDER

This criminal original petition has been filed to call for the records in C.C.No.253 of 2014 on the file of the District Munsif cum Judicial Magistrate Court, Sriperumpudur at Kancheepuram District and quash the same.

2. The case is under 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 has been filed before this Court which has been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent are also present before this Court and they are identified by Inspector of Police, All Women Police Station, Sriperambadur, Kancheepuram District. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and it is made part of the record. In the petition it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.11 of 2013. This Court also enquired both the parties and was satisfied that the parties 2/5

have come to an amicable settlement between themselves.

4. Under such circumstances, no useful purpose will be served in keeping the First Information Report 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 Supreme 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. is inclined to quash the case in C.C.No.253 of 2014 on the file of the District Munsif-cum-Judicial Magistrate Court, Sriperumpudur, Kancheepuram District.

6. In the light of the guidelines issued in the above said Judgments of the Hon'ble Apex Court, no useful purpose will be served in keeping the proceedings in C.C.No.253 of 2014 pending before the District Munsif cum Judicial Magistrate Court, Sriperumpudur, Kancheepuram District, even though, the offences involved are not compoundable in nature. 3/5

7. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.253 of 2014, on the file of the District Munsif cum Judicial Magistrate Court, Sriperumpudur, Kancheepuram District, is quashed and the terms of joint compromise memo shall form part and parcel of this order.

13.10.2022 Internet:Yes Speaking/Non speaking order dpq To

1. The Inspector of Police, All Women Police Station, Sriperambadur, Kancheepuram District.

2. The Public Prosecutor, High Court of Madras.

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V. SIVAGNANAM, J.

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