A.Arun v. The State Of Tamilnadu, Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.20211 of 2020 A.Arun Petitioner/Accused vs.
1. The State of Tamilnadu, Rep.by Inspector of Police, W 32, All Women Police Station, Madipakkam, Chennai.
2. A.Aarthi Priyanga ..Respondents/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the charge sheet in C.C.No.117 of 2020, on the file of the learned Additional Mahila Court at Alandur and quash the same in respect of the petitioner/accused is concerned. For Petitioner : Mr.S.Chakkaravathi For Respondents: Mr.M.Mohammed Riyaz Additional Public Prosecutor for R1 Ms.B.Ajeetha for R 2
ORDER
This Criminal Original Petition has been filed to call for the records in C.C.No.117 of 2020, pending on the file of the Additional Mahila Court, Alandur 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 petitioner and 2nd respondent/de-facto complainant have filed their consent affidavit dated.18.12.2020, before this Court. The petitioner and the second respondent were present through Video conferencing and they were identified by Mrs.Muthukamalakshi, Inspector of Police, Madipakkam, who was also present through Video conferencing. In the affidavit it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in C.C.No.117 of 2020. This Court also enquired both the https://hcservices.ecourts.gov.in/hcservices/
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 C.C.No.117 of 2020, pending on the file of the Additional Mahila Court, Alandur.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.117 of 2020, pending on the file of the Additional Mahila Court., Alandur, is quashed and the terms of affidavit shall form part and parcel of this order. Sd/- Assistant Registrar //True Copy// kp Sub Assistant Registrar To
1. Inspector of Police, W 32, All Women Police Station, Madipakkam, Chennai.
2. Additional Mahila Court, Alandur.
3. The Public Prosecutor, High Court, Madras.
+1cc to M/s.S.Chakkaravarthi, Advocate, S.R.No.2308 Crl.O.P No.20211 of 2020 rsv(CO) rv(01/02/2021) https://hcservices.ecourts.gov.in/hcservices/