D.Muralidharan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.09.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN D.Muralidharan ... Petitioner Vs.

1. The State rep by The Inspector of Police All Women Police Station, Villivakkam, Chennai - 600 049.

(Crime No.1324 of 2004)

2. Sumathi.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in C.C.No.12426 of 2005 on the file of the Chief Metropolitan Magistrate, Egmore, Chennai and quash the same. For Petitioner : Ms.R.Saranya For Respondents For R1 : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.12426 of 2005 on the file of the Chief Metropolitan Magistrate, Egmore, Chennai, thereby taken cognizance for the offences under Sections 417, 420 of IPC and Section 4 of Dowry Prohibition Act as against the petitioner.

2.

The petitioner is arrayed as accused in the above said case and the trial is pending. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.

An affidavit dated 13.07.2022, has been filed by the mother of the defacto complainant before this Court. All the parties are present and identified by their respective counsel and the Police. In order to 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 proceedings 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 proceedings in C.C.No.12426 of 2005.

5. Accordingly, the Criminal Original Petition stand allowed and as a sequel, the proceedings in C.C.No.12426 of 2005 on the file of the Chief Metropolitan Magistrate, Egmore, Chennai, is quashed and the affidavit dated 13.06.2022, filed by the defacto complainant shall form part and parcel of this Order.

12.09.2022 Internet: Yes Index : Yes/No Speaking/Non speaking order rts

G.K.ILANTHIRAIYAN. J, rts To 1.The Chief Metropolitan Magistrate, Egmore, Chennai 2.The Inspector of Police All Women Police Station, Villivakkam, Chennai - 600 049.

3.The Public Prosecutor, High Court, Madras.

12.09.2022