Varaprasad v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:05.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.24070 of 2019 1.Varaprasad 2.Vinothkumar 3.Dinesh 4.Mohamed Ibrahim 5.Divakar 6.Deepak Kumar

...Petitioners

Vs.

1.The State represented by The Inspector of Police, K-2, Ayanavaram Police Station, Chennai.

(Crime No.405/2018) 2.Ramchandarkumar

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for entire records in connection with the case in C.C.No.2184 of 2019, on the file of the learned Metropolitan Magistrate-V, Egmore and quash the same. For Petitioners: Mr.P.Rajkumar Pandian For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.S.Gokulakannan

O R D E R

This Criminal Original Petition has been filed to quash the C.C.No.2184 of 2019 pending on the file of the learned Metropolitan Magistrate-V, Egmore, pursuant to the compromise arrived at by the parties.

2.

The case is still in the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

An Affidavit of Compromise has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. 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 C.C.No.2184 of 2019.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.2184 of 2019, on the file of the learned Metropolitan Magistrate-V, Egmore is quashed and the terms of Affidavit of Compromise shall form part and parcel of this Order. The each of the petitioner shall pay a sum of Rs.1,000/-, as costs, to the Chief Justice Relief Fund, High Court, Chennai, 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 //True Copy// Sub Assistant Registrar ssi/mpa To 1.The Metropolitan Magistrate-V, Egmore, Chennai.

2.do Thro The Chief Metropolitan Magistrate, Egmore, Chennai.

3.The Inspector of Police, K-2, Ayanavaram Police Station, Chennai.

4.The Public Prosecutor, High Court, Madras.

Copy to:

The Section Officer, Accounts Section, High Court, Madras.

+6ccs to Mr.P.Rajkumar Pandian, Advocate sr.96909 Crl.O.P.No.24070 of 2019 rsi(co) nr 07/11/2019