Mahesh Kumar v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Mahesh Kumar ... Petitioner Vs.

1.State by : Sub Inspector of Police, M-5, Vadavalli Police Station, Coimbatore.

(Crime No.38 of 2014) 2.J.Rayappan 3.M.Tamil Selvi ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to call for records in C.C.No.660 of 2014 on the file of the learned Judicial Magistrate VI, Coimbatore and quash the same. For Petitioner : Mr.B.Mohan For R1 : Mr.S.Santhosh Government Advocate (Crl.Side) For R2 & R3 : Mr.J.Rajasekar

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.660 of 2014 on the file of the learned Judicial Magistrate VI, Coimbatore.

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2.The case in C.C.No.660 of 2014 is pending against the petitioner on the file of the learned Judicial Magistrate VI, Coimbatore for the offences punishable under Sections 452, 294(b), 326 and 506(ii) of IPC r/w Section 4 of Women Harassment Act.

3.The learned Government Advocate (Crl.Side) submitted that by passage of time, the parties have decided to bury their hatchet and compromised the dispute amicably among themselves. 4.When the matter is taken up for hearing today, a compromise memo dated 03.01.2022 has been filed by the petitioner and the respondents 2 and 3 and also by their respective counsel along with the affidavit of the respondents 2 and 3. The petitioner and the respondents 2 and 3 were also present in person before this Court and they were identified by Mr.V.Chidambaram, Sub Inspector, ALGSC, Coimbatore as well as by the learned Counsels appearing for the parties. They have also produced the copies of the Aadhaar Card in order to identify the parties and it is made part of the record. 5.It is seen from the joint memorandum of compromise that the parties have resolved their disputes and the respondents 2 and 3 did not want to proceed further with the case. They have no objection to quash the proceedings 2/4

against the petitioner in C.C.No.660 of 2014. 6.This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The parties have reiterated that they have resolved their dispute with an intervention of elders and the respondents 2 and 3 submitted that they did not want to prosecute the case against the petitioner and they have no objection for quashing the proceedings in C.C.No.660 of 2014 on the file of the learned Judicial Magistrate VI, Coimbatore.

7.Considering the facts and circumstances of the case and that now, the parties have decided to bury their hatchet and also the fact that the respondents 2 and 3 did not want to prosecute the case against the petitioner and that they have no objection for quashment of proceedings, this Court is of the view that continuance of the proceedings in criminal case would be a harassment to the petitioner. In that view of the matter, this Court invoking its power under Section 482 of Cr.P.C. to render substantial justice to the parties, allows this petition.

G.CHANDRASEKHARAN.J., 3/4

sp 8.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.660 of 2014, on the file of the learned Judicial Magistrate VI, Coimbatore is quashed and the terms of compromise memo dated 03.01.2022 shall form part and parcel of this order. 20.02.2023 Index:Yes/No Speaking/Non speaking order sp To 1.The Judicial Magistrate VI, Coimbatore.

2.The Sub Inspector of Police, M-5, Vadavalli Police Station, Coimbatore.

3.The Public Prosecutor, High Court of Madras.

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