L.Karunakaran v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.NO.20631 OF 2019 L.Karunakaran .... Petitioner/ Accused No.1 vs.

1. The State Rep. by Inspector of Police, Chinthadripet Police Station, Chinthadripet, Chennai.

... 1st Respondent/Complainant

2. Ravichandran ... 2nd Respondent/ Defacto Complainant (Crime No.115 of 2018) PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.96 of 2019 on the file of the XIV Metropolitan Magistrate Court, Egmore and quash the same.

For Petitioner : Mr.B.Jawahar For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.96 of 2019, on the file of the XIV Metropolitan Magistrate Court, Egmore.

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 01.08.2019 has been filed by the 2nd respondent/defacto complainant before this Court. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.P.Shanmugam, Sub Inspector of Police, F1 Chintadripet Police Station, Chennai. 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 petitioner and the second respondent had entered into a compromise and amicably settled their issues in C.C.No.96 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 proceedings in C.C.No.96 of 2019.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.96 of 2019, on the file of the XIV Metropolitan Magistrate Court, Egmore, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1500/- (Rupees One Thousand Five Hundred only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), 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. Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar ssr To

1. The XIV Metropolitan Magistrate Court, Egmore, Chennai.

2. The Inspector of Police, Chinthadripet Police Station, Chinthadripet, Chennai.

3. The Public Prosecutor, Puducherry.

Copy To The Section Officer, Accounts Section, High Court, Madras-104.

+1cc to Mr.B.Jawahar, Advocate, S.R.No.66378 Crl.O.P.No.20631 of 2019 GP(CO) CS/30/09/2019