Rajesh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP.No.18455 of 2019 Rajesh

...Petitioner

Vs.

1. The Inspector of Police, W-16, All Women Police Station, Pulliyamthope, Chennai - 600012.

2. Ammu @ Samundeswari

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to S.C.No.375 of 2018 on the file of the Sessions Judge Mahila Court at Chennai and quash the same.

For Petitioner : Mr.Rajkumar M.

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

ORDER

The Criminal Original Petition has been filed to call for the records relating to S.C.No.375 of 2018 on the file of the Sessions Judge Mahila Court at Chennai and quash the same.

2. The case is still in the stage of investigation. 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 12.07.2019, has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Ms.S.Thilagam, W.H.C-16964, W-16, All Women Police Station, Pulliyamthope and they have also produced the copies of the

Aadhaar Card are 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.295 of 2013 pending on the file of the learned Judicial Magistrate, Sankarapuram.

5. This Criminal Original Petition stands allowed and as a sequel, the investigation in S.C.No.375 of 2018 on the file of the Sessions Judge Mahila Court at Chennai, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order.

*The Xerox copy of the Memo of Compromise enclosed Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar sni To 1.The Sessions Judge, Mahila Court, Chennai.

2.The Judicial Magistrate, Sankarapuram.

3.-Do- Thro The Chief Judicial Magistrate, Chennai.

4. The Inspector of Police, W-16, All Women Police Station, Pulliyamthope, Chennai - 600012.

5. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Rajkumar, Advocate Sr.59791 CRL.OP.No.18455 of 2019 kk[co] srg 21/08/2019