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Madras High CourtCRL OP/16864/2023allowed

Saranraj v. The Inspector Of Police

2024-01-08Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH and Crl.MP.No.10841 of 2023 1.Saranraj 2.Shanthi 3.Shankar ..Petitioners/Accused 1 to 3 .vs.

1.The Inspector of Police All Women Police Station Viruchachalam Cuddalore District.

.. Respondent /Complainant (Crime No.15/2019) 2.Subhashini .. Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records made in C.C.No.58 of 2020, on the file of Judicial Magistrate, Thittagudi and quash the same as illegal against the petitioners. For Petitioners : Mr.J.Jayasuriya For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1 1/4

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.58 of 2020, pending on the file of Judicial Magistrate, Thittagudi.

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.A Joint Compromise Memo dated 8.1.2024, signed by both the petitioners and the respondent/de facto complainant has been filed before this Court. The petitioners and the respondent/de facto complainant were appeared in person before this Court. In the Joint Compromise Memo, it has been stated that the petitioners and the respondent/de facto complainant were entered into a compromise and amicably settled their issues in C.C.No.58 of 2020, on the file of Judicial Magistrate, Thittagudi. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

5. 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 2/4

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, quash the proceedings in C.C.No.58 of 2020, on the file of Judicial Magistrate, Thittagudi. 6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.58 of 2020, on the file of Judicial Magistrate, Thittagudi, is quashed and the terms of joint compromise memo, shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed. 08.01.2024 Index : Yes/No Speaking Order/Non-Speaking Order KP To 1.The Inspector of Police All Women Police Station Viruchachalam Cuddalore District.

2.Judicial Magistrate, Thittagudi 3.The Public Prosecutor, High Court of Madras, Madras.

N. ANAND VENKATESH., J 3/4

KP 08.01.2024 4/4