Sandeep Kumar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP.No.18546 of 2019

1. Sandeep Kumar

2. Saran Kumari

...Petitioners

Vs.

1. The State rep.by, The Inspector of Police, N-4, Fishing Police Station, Washermenpet, Chennai - 600081.

Crime No.243/2017.

2. Sridevi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.242 of 2017, on the file of the respondent police and to quash the proceedings.

For Petitioners : Mr.Solomon Peter Kamaldoss J.B. For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1

ORDER

The Criminal Original Petition has been filed to call for the records in Crime No.242 of 2017, on the file of the respondent police and to quash the proceedings.

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 09.07.2019, has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court. In order to https://hcservices.ecourts.gov.in/hcservices/

identify the respective parties, 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 Crime No.242 of 2017, on the file of the respondent police.

5. This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.242 of 2017, on the file of the respondent police, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order. No costs.

*Enclosed Xerox copy of the Memo of Compromise. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, N-4, Fishing Police Station, Washermenpet, Chennai - 600081.

Crime No.243/2017.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.Solomon Peter Kamaldoss J.B., Advocate sr.59000 CRL.OP.No.18546 of 2019 bs(co) nr 16/07/2019 https://hcservices.ecourts.gov.in/hcservices/