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Madras High CourtCRL OP/22853/2017allowed

Jerome Surendren, ` v. Inspector Of Police,

2019-01-07Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.Nos.22853 and 28007 of 2017, 50 and 67 of 2019 and 6040 of 2018 and Crl.M.P.Nos.12789 of 2018 & 13317 and 15935 of 2017 Crl.O.P.No.22853 of 2017:

1.Jerome Surendran 2.Mary Bridget Sarojini : Petitioners/Accused 2 and 3 1.State represented by The Inspector of Police, Vellore District. :1st Respondent/ Complainant 2.Asha Thomas :2nd Respondent/De- facto Complainant of Cr.P.C., to call for the records relating to the proceedings in the FIR in Crime No.334 of 2017 on the file of the Inspector of Police, Katpadi, Vellore and quash the same. For Petitioners : Mr.K.Shankar For 1st Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor For 2nd Respondent : Mr.M.Sathish Kumar Crl.O.P.No.28007 of 2017:

1.Jerome Surendran 2.Mary Bridget Sarojini : Petitioners Asha : Respondent

of Cr.P.C., to call for the records relating to the proceedings in D.V.C.No.25 of 2017 on the file of the Judicial Magistrate No.III, Vellore and quash the same.

For Petitioners : Mr.K.Shankar For Respondent : Mr.M.Sathish Kumar Crl.O.P.No.50 of 2019:

Thomas Dhinesh : Petitioner Asha : Respondent of Cr.P.C., to call for the records pertaining to the proceeding in D.V.C.No.25 of 2017 pending before the learned Judicial Magistrate-III, Vellore and quash the same in respect of the petitioner.

For Petitioner : Mr.K.Shankar For Respondent : Mr.M.Sathish Kumar Crl.O.P.No.6040 of 2018:

Asha : Petitioner 1.Thomas Dinesh 2.Jerome Surendran 3.Mary Bridget : Respondents of Cr.P.C., to direct the Judicial Magistrate No.III, Vellore, Vellore District to dispose of the C.M.P.No.1724 of 2017 in D.V.C.No.25 of 2017 within a stipulated period. For Petitioner : Mr.M.Sathish Kumar For Respondents : Mr.K.Shankar

Crl.O.P.No.67 of 2019:

Thomas Dhinesh : Petitioner 1.The Inspector of Police, Vellore District.

(Crime No.334 of 2017) : 1st Respondent / Complainant 2.Asha : 2nd Respondent / Defacto Complainant of Cr.P.C., to call for the records pertaining to the FIR in Crime No.334 of 2017 case now pending on the file of the Inspector of Police, Katpadi Police Station, Vellore District, and quash the same in respect of the petitioner. For Petitioner : Mr.K.Shankar For 1st Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor For 2nd Respondent : Mr.M.Sathish Kumar COMMON ORDER Crl.O.P.Nos.22853 of 2017 and 67 of 2019 have been filed seeking to quash the F.I.R in Crime No.334 of 2017, pending on the file of the Inspector of Police, Katpadi Police Station, Vellore District.

2.Crl.O.P.No.28007 of 2017 and 50 of 2019 have been filed seeking to quash the proceedings in D.V.C.No.25 of 2017 pending on the file of the learned Judicial Magistrate-III, Vellore. 3.Crl.O.P.No.6040 of 2018 has been filed seeking for a direction to the learned Judicial Magistrate No.III, Vellore, Vellore District to dispose of the C.M.P.No.1724 of 2017 in D.V.C. No.25 of 2017.

4.The case is still in the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 5.An affidavit has been filed by the respondent in Crl.O.P.No.50 of 2019 / second respondent in Crl.O.P.No.67 of 2019 before this Court. The parties were also present before

the Court and they have also produced the copies of the Aadhaar Card which 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.

6.Under such circumstances, no useful purpose will be served in keeping the First Information Report and Domestic Violence 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 First Information Report in Crime No.334 of 2017 and quashes the proceedings in D.V.C.No.25 of 2017, pending on the file of the learned Judicial Magistrate No.III, Vellore District. 7.Crl.O.P.Nos.22853 of 2017 and 67 of 2019 and Crl.O.P.Nos.28007 of 2017 and 50 of 2019 are allowed as a sequel, the F.I.R in Crime No.

334 of 2017 on the file of the Inspector of Police, Katpadi Police Station, Vellore District and the proceedings in D.V.C.No.25 of 2017 pending on the file of the learned Judicial Magistrate-III, Vellore are quashed based on the affidavit filed by the respondent in Crl.O.P.No.50 of 2019/ second respondent in Crl.O.P.No.67 of 2019. 8.Accordingly, Crl.O.P.No.6040 of 2018 is closed in view of the quashment of the proceedings in D.V.C.No.25 of 2017, pending on the file of the learned Judicial Magistrate No.III, Vellore, by this Court today.

Consequently, the connected Crl.M.P.Nos.12789 of 2018 and Crl.M.P.Nos.13317 and 15935 of 2017 are closed.

Sd/- Deputy Registrar //True copy// Sub Assistant Registrar vsg1/ia To 1.The learned Judicial Magistrate No.III, Vellore.

2.The Inspector of Police, Vellore District.

3.The Public Prosecutor, High Court, Madras.

+2cc to Mr.K.Shankar, Advocate SR.No.1369 +3cc to Mr.S.Raja Ravivarma, Advocate SR.No.2231 Crl.O.P.Nos.22853 and 28007 of 2017, 50 and 67 of 2019 and 6040 of 2018 GMY(10/01/2019)