Venkatesan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.16816 of 2023 and Crl.M.P No.10821 of 2023 1.Venkatesan 2.Siva 3.Dharanivel Petitioners vs.

1.State Rep. by: The Inspector of Police, Uthiramerur Police Station, Kanchipuram District.

(Crime No.84 of 2021) 2.Baskar Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in PRC No.19 of 2023 on the file of the District Munsif cum Judicial Magistrate, Uthiramerur and quash the charge sheet against the petitioners.

For Petitioners : Mr.S.Silambuselvam For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1

ORDER

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in PRC No.19 of 2023, pending on the file of District Munsif cum Judicial Magistrate, Uthiramerur and quash the same.

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. The compromise affidavit has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.A.Moorthy, Special Sub Inspector Police, Uhtiramerur Police Station. In the affidavit it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in PRC No.19 of 2023. 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), and after exercising due caution as advised by the Hon'ble Suprme 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. quashes the case in PRC No.19 of 2023, pending on the file of District Munsif cum Judicial Magistrate, Uthiramerur.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in PRC No.19 of 2023, pending on the file of District Munsif cum Judicial Magistrate, Uthiramerur is quashed and the terms of affidavit shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.750/- (Rupees Seven Hundred and Fifty only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, connected miscellaneous petition is closed.

28.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr

N. ANAND VENKATESH, . J.

ssr To 1.The District Munsif cum Judicial Magistrate, Uthiramerur. 2.The Inspector of Police, Uthiramerur Police Station, Kanchipuram District.

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

Crl.O.P No.16816 of 2023 and Crl.M.P No.10821 of 2023 28.07.2023