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Madras High CourtCRL OP/26211/2019allowed

Poongodi @ Lavaniya v. State By

2023-11-22Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.14030 of 2019

1. Poongodi @ Lavaniya

2. Venkatesan ....

Petitioners Vs

1. The Inspector of Police, F-1, Chinthadripet Police Station, Chinthadripet, Chennai - 92.

(Cr.No.7/2019)

2. Sivaganesh ....

Respondents PRAYER:- Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records relating to the case in C.C.No.4465 of 2019 pending trial on the file of the XIV Metropolitan Magistrate Court, Egmore, Chennai and quash the same.

For Petitioners : Mr.K.G.Senthil Kumar For R1 : Mr.L.Baskaran Government Advocate (Crl.Side) For R2 : Mr.A.M.Amutha Ganesh

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.4465 of 2019 pending trial on the file of the XIV Metropolitan Magistrate Court, Egmore, Chennai.

2. The learned counsel for the petitioners would submit that the matter has been settled between the parties before the Mediation and Conciliation Centre, attached to this Bench.

3. 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-(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.4465 of 2019 pending trial on the file of the XIV Metropolitan Magistrate Court, Egmore, Chennai.

4. This Criminal Original Petition stands allowed, by quashing the proceedings in C.C.No.4465 of 2019 pending trial on the file of the XIV

Metropolitan Magistrate Court, Egmore, Chennai. The Mediation Report dated 03.07.2023 and the Memorandum of Understanding dated 03.07.2023 shall form part and parcel of this Order. Consequently, connected miscellaneous petition is closed.

22.11.2023 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order Lpp To

1. The XIV Metropolitan Magistrate, Egmore, Chennai

2. The Inspector of Police, F-1, Chinthadripet Police Station, Chinthadripet, Chennai - 92

G.K.ILANTHIRAIYAN, J.

Lpp 22.11.2023