Amudha v. The State Rep By

Crl. O.P. No. 22793 of 2024 G.K.ILANTHIRAIYAN, J.

Today the matter is listed under the caption 'for being mentioned' at the instance of the learned counsel for the petitioners.

2. Considering the submissions made by the learned counsel for the petitioner, this Court directs the Registry to carry out the following corrections in the order dated 19.03.2025 and issue fresh order copy:- "Paragraph No.5 of the order should read as under: "5. In view of the above, the proceedings in C.C. No. 700 of 2023 on the file of the learned Judicial Magistrate No.II, Poonamallee, is hereby quashed as against the petitioners/accused 2 to 4. The terms of Compromise Memo shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.2,000/-, (Rupees Two Thousand only) each as costs, to the Chief Justice Relief Fund, Tamil Nadu, forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry."

G.K.ILANTHIRAIYAN, J.

3. In all other aspects, the order dated 19.03.2025 in Crl.O.P.No.22793 of 2024 shall remain unaltered. 23.04.2025 AT Crl. O.P. No. 22793 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.22793 of 2024 and Crl.M.P.No.12946 of 2024

1. Amudha

2. K.Chandrasekar

3. C.Dhivakar ... Petitioners Vs.

1.The State Rep by The Inspector of Police, All Women Police Station, Thiruvallur.

2. Pavithra ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to final report laid in C.C.700 of 2023 in Crime No.5 of 2021 on the file of the learned Judicial Magistrate No.II, Poonamallee and quash the same as manifestly erroneous, unjust, illegal, unlawful, unsustainable and against the settled principles of law. For Petitioner : Mr.S.Sai Shankar For Respondents For R1 : Mr.R.Vinothraja Government Advocate (Crl.Side) For R2 : Mr.G.Murugendran

O R D E R

This Criminal Original Petition has been filed to quash the C.C.No.700 of 2023 on the file of the learned Judicial Magistrate No.II, Poonamallee, thereby taken cognizance for the offences under Sections 34, 294(b), 498(A) of IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002.

2.

Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

A Compromise Memo has been filed before this Court, which has been signed by the petitioners and the defacto complainant 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 proceeding 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 in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath, this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the proceeding in C.C.No.700 of 2023 pending trial on the file of the learned Judicial Magistrate No.II, Poonamallee.

5.

In view of the above, the proceedings in C.C.No.700 of 2023 on the file of the learned Judicial Magistrate No.II, Poonamallee, is hereby quashed. The terms of Compromise Memo shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.2,000/-, (Rupees two thousand only) each as costs, to the Chief Justice Relief Fund, Tamil Nadu, forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6.

Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 19.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

To

1. The Judicial Magistrate No.II, Poonamallee.

2.The Inspector of Police, All Women Police Station, Thiruvallur.

3. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts Crl.O.P.No.22793 of 2024 and Crl.M.P.No.12946 of 2024 19.03.2025