S.Ganesan v. S.Punitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.16701 of 2019

1. S.Ganesan

2. M.Narashiman Petitioners/Accused 1 to 3 vs.

S.Punitha Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and to quash the proceedings in C.C.No.10353 of 2009 on the file of the Learned XXIII Metropolitan Magistrate, Saidapet, Chennai as against the petitioners.

For Petitioners : Mr.K.R.Ramesh Kumar For Respondent : Ms.S.Punitha Party-in-person

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.10353 of 2009 on the file of the Learned XXIII Metropolitan Magistrate, Saidapet, Chennai as against the petitioners.

2. 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.

3. The Affidavit dated 25.06.2019 has been filed by the respondent/de-facto complainant before this Court. The petitioners and the respondent were also present in person before this Court and they were identified by the investigating office. In order to identify the respective parties they have also produced the copies of the Aadhaar Card are made part of the record. In the affidavit it has been stated that the petitioners and the respondent had entered into a compromise and https://hcservices.ecourts.gov.in/hcservices/

amicably settled their issues in C.C.No.10353 of 2009. 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.10353 of 2009 on the file of the Learned XXIII Metropolitan Magistrate, Saidapet, Chennai.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.10353 of 2009 on the file of the Learned XXIII Metropolitan Magistrate, Saidapet, Chennai, is quashed and the terms of affidavit shall form part and parcel of this order.

*Copy of the Affidavit dated 25.06.2019 Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar ssr To

1. The XXIII Metropolitan Magistrate, Saidapet, Chennai.

+2cc to Mr.K.R.Ramesh Kumar, Advocate SR.No.53741 Crl.O.P No.16701 of 2019 CP(CO) GMY(02/08/2019) https://hcservices.ecourts.gov.in/hcservices/