Prahibha, A/38, v. The State Of Tamilnadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.4383 of 2017 and Crl.M.P.No.3274 of 2017 Prahibha

...Petitioner/Accused-4

Vs.

1.The State rep by The Inspector of Police, W-8, All Women Police Station, Thirumangalam, Chennai-600 101. ... 1st Respondent/Complainant 2.P.Pavithra ..2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to call for the records relating to the proceedings in C.C.No.3536 of 2015 on the file of XIII Metropolitan Magistrate, Allikulam, Chennai and quash the same. For Petitioner : Mr.K.Chandramohan For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.N.Velmurugan

O R D E R

This petition has been filed seeking to quash the proceedings in C.C.No.3536 of 2015, on the file of XIII Metropolitan Magistrate, Allikulam, Chennai.

The petitioner has been arrayed as A4 in the final report filed by the respondent police for the offences under Section 498 A, 406, 420 and 506(i) of IPC. The defacto complainant namely P.Pavithra was present before this Court and she categorically stated that the matter has been amicably settled and there is no need to proceed further with the case. A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. https://hcservices.ecourts.gov.in/hcservices/

Under such circumstances, no useful purpose will be served in keeping the First Information Report 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 First Information Report in Crime No.30 of 2014.

This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.3536 of 2015, on the file of the XIII Metropolitan Magistrate, Allikulam, Chennai is quashed and in terms of Memo of Compromise which shall form part and parcel of this order. Consequently, connected miscellaneous petition is also closed.

* Enclosed Xerox copy of the compromise Memorandum Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rpl To 1.The XIII Metropolitan Magistrate, Allikulam, Chennai 2.The Inspector of Police, W-8, All Women Police Station, Thirumangalam, Chennai-600 101.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.P.Raja, Advocate, S.R.No.85765 +1cc to Mr.N.Velmurugan, Advocate, S.R.No.87045 Crl.O.P.No.4383 of 2017 RSI(CO) rrs 09/01/2019 https://hcservices.ecourts.gov.in/hcservices/