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Madras High CourtCRL OP/24462/2017allowed

Gregory Manoj, M/34 v. Smt.Sree Vidhya

2019-07-03Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.NO.24462 OF 2017 AND CRL.M.P.NO.14158 OF 2017 1.Gregory Manoj 2.D.John Jai Prakash 3.Geofrey Sanjeev 4.Anitha ... Petitioner/Accused vs.

1. Smt.Sree Vidhya .. Defacto Complainant

2. The Inspector of Police, W-1, All Women Police Station, Thousand Lights, Chennai - 600 006.

... Respondent/Complainant PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the proceedings in C.C.No.167 of 2017 on the file of the Additional Mahila Court, Allikulam, Chennai and quash the same. For Petitioner : Mr.Krishna Ravindran For Respondents: Mr.M.Mohammed Riyaz Additional Public Prosecutor(for R2) Mr.T.D.Selvanbabu (for R1)

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.167 of 2017 on the file of the Additional Mahila Court, Allikulam, Chennai.

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. The Affidavit dated 03.07.2019 has been filed by the 1st respondent/de-facto complainant before this Court. The petitioner and the second respondent were also present in person before this Court and they were identified by Investigating Officer. In order to identify the respective parties, they have also produced the copy of the Aadhaar Card is 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 case in C.C.No.167 of 2017, pending on the file of the Additional Mahila Court, Allikulam.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.167 of 2017, on the file of the Additional Mahila Court, Allikulam, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioner shall pay a sum of Rs.500/- (Rupees Five hundred only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), 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. Consequently, the connected Miscellaneous Petition is also closed. Sd/- Assistant Registrar(Insp.Cell) //True Copy// Sub Assistant Registrar jas/ub To

1. The Additional Mahila Court, Allikulam, Chennai.

2. The Inspector of Police, W-1, All Women Police Station, Thousand Lights, Chennai - 600 006.

3. The Public Prosecutor High Court of Madras.

Copy To The Section Officer, Account Section, High Court, Madras-104.

Crl.O.P.No.24462 of 2017 and Crl.M.P.No.14158 of 2017 NR(CO) CS/30/07/2019