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Madras High CourtCRL OP/19287/2019allowed

Vishwajeeth Yogeshwara K v. State Represented By

2019-07-30Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.19287 of 2019 and Crl.M.P.Nos.9868 and 9869 of 2019 K.Vishwajeeth Yogeshwara

...Petitioner

Vs.

1. State represented by Sub-Inspector of Police, B4, High Court Police Station, High Court, Chennai - 600 104.

2. R.Ravichandran

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for records in C.C.No.1745 of 2017 on the file of the learned VII Metropolitan Magistrate, George Town, Chennai and to quash the same.

For Petitioner : Mr.T.V.G.Kartheeban For R1 : Mr.C.Raghavan Government Advocate For R2 : Mr.A.Balamurugan

ORDER

This Criminal Original Petition has been filed to call for records in C.C.No.1745 of 2017 on the file of the learned VII Metropolitan Magistrate, George Town, Chennai, Which was registered against the petitioner for an alleged offences under Sections 323, 294(b) and 506(i) IPC.

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. An Affidavit has been filed by the defacto complainant/second respondent before this Court, dated 30.07.2019. The petitioner and the defacto complainant/second https://hcservices.ecourts.gov.in/hcservices/

respondent were also present in person before this Court. In order to identify the respective parties, they have also produced the copy of the Aadhaar Card, is 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 C.C. 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 C.C.No.1745 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.1745 of 2017 on the file of the learned VII Metropolitan Magistrate, George Town, Chennai, is quashed and the terms of affidavit shall form part and parcel of this order. Consequently, connected miscellaneous petitions are closed.

(*) Copy of the affidavit of R.Ravichandran, 2nd Respondent herein is enclosed herewith.

Sd/- Assistant Registrar (Insp.Cell) //True Copy// ub Sub Assistant Registrar To

1. The VII Metropolitan Magistrate, George Town, Chennai,

2. The Sub-Inspector of Police, B4, High Court Police Station, High Court, Chennai - 600 104.

3. The Public Prosecutor, High Court of Madras, Madras.

+1 cc to M/s.T.V.G.Kartheeban, Advocate, S.R.No.65283 Crl.O.P.No.19287 of 2019 CP(CO) SSM(30/08/2019) https://hcservices.ecourts.gov.in/hcservices/