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Madras High CourtCRL OP/20055/2019allowed

T.Saravanan v. The Inspector Of Police,

2019-08-09Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.20055 of 2019

1. T.Saravanan

2. Selvi

3. Rajeswari

4. Mageshwari

5. Anandhan ... Petitioners/Accused 1 & 5 vs.

1. The Inspector of Police, W23-All Women Police Station, Royapettah, Chennai.

(Crime No.12 of 2017)

2. S.Vinodhini ... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the charge sheet culminated in C.C.No.98 of 2019 on file of the learned XVIII Metropolitan Magistrate, Saidapet and quash the same.

For Petitioners: Mr.M.Mohamed Yasin For Respondent : Mr.C.Raghavan Government Advocate for R1 Mr.T.S.N.Prabhakaran for R2

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.98 of 2019, on file of the learned XVIII Metropolitan Magistrate, Saidapet.

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 Affidavit dated 09.08.2019 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. In order to identify the respective parties they have also produced the copies of the Aadhaar Card are made part of the record. In the affidavit it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in C.C.No.98 of 2019. 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the proceeding in C.C.No.98 of 2019.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.98 of 2019, on file of the learned XVIII Metropolitan Magistrate, Saidapet, is quashed and the terms of affidavit shall form part and parcel of this order. *The Xerox Copy of the Affidavit enclosed Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssr To

1. The XVIII Metropolitan Magistrate, Saidapet

2. The Inspector of Police, W23-All Women Police Station, Royapettah, Chennai.

3. The Public Prosecutor, Puducherry.

+2cc to Mr.M.Mohamed, Advocate Sr.68586 Crl.O.P No.20055 of 2019 pp[co] srg 25/09/2019