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Madras High CourtCRL OP/17058/2023allowed

T.Ravi v. State Rep.By

2023-07-31Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.17058 of 2023 T.Ravi S/o.Tanu .. Petitioner /Accused .Vs.

1.State Rep.by The Inspector of Police TIW K-4, Anna Nagar Police Station Chennai 600 040.

2.P.Buvaneshwari W/o.Parthiban .. Respondent/De fact Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in S.C.No.378 of 2021, on the file of XVI Addl. City Civil & Sessions Court, Chennai and quash the same.

For Petitioner : Mr.J.Rajmohan For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1

ORDER

The Criminal Original Petition has been filed to quash the proceedings in S.C.No.378 of 2021, pending on the file of XVI Addl. City Civil & Sessions Court, Chennai .

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.Joint Compromise Memo dated 20.06.2023, has been filed before this Court which have been signed by the petitioner and the 2nd respondent/de facto Complainant and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court. In the joint compromise memo it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in S.C.No.378 of 2021, on the file of XVI Addl. City Civil & Sessions Court, 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., quash the proceedings in S.C.No.378 of 2021, on the file of XVI Addl. City Civil & Sessions Court, Chennai.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.378 of 2021, on the file of XVI Addl. City Civil & Sessions Court, Chennai is quashed and the terms of Joint Compromise Memo dated 20.06.2023, shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5000/- (Rupees Five Thousand only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of two weeks from today and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6.Post this case for reporting compliance on 18.8.2023. 31.07.2023 Index : Yes/No Internet : Yes/No KP Note: Issue order copy on 07.08.2023

N. ANAND VENKATESH, J.

KP To 1.The Inspector of Police TIW K-4, Anna Nagar Police Station Chennai 600 040.

2. XVI Addl. City Civil & Sessions Court Chennai.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P No.17058 of 2023 (for reporting compliance on 18.8.2023) 31.07.2023