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Madras High CourtCRL OP/16048/2017allowed

Thiruppathi, M/A-30 Years(A1) v. State By

2019-02-01Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.16048 of 2017 and Crl.M.P.Nos.9933 & 9934 of 2017 1.Thiruppathi 2.Jeyabalan 3.Jothi ... Petitioners Vs.

1. State by The Sub-Inspector of Police, All Women Police Station, Vaniyambadi, Vellore District.

2. Sangeetha ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, pleased to call for the records pertaining to the case pending in CC.No.90 of 2015 on the file of the learned Judicial Magistrate, No.III, Thiruppathur, Vellore District and quash the same. For Petitioners: Mr.C.Selvaraj For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.D.Charles Muthushanthan

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.90 of 2015, on the file of the learned Judicial Magistrate No.III, Thiruppathur, Vellore District.

2. 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. https://hcservices.ecourts.gov.in/hcservices/

3. A Joint affidavit has been filed by the first petitioner and the second respondent before this Court. The parties were also present before the Court. 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 First Information Report 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.26 of 2014.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.90 of 2015, on the file of the learned Judicial Magistrate No.III, Thiruppathur, Vellore District is quashed. Consequently, the connected miscellaneous petitions are also closed.

rpl Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Sub-Inspector of Police, All Women Police Station, Vaniyambadi, Vellore District.

2.The Public Prosecutor High Court of Madras.

3. The Judicial Magistrate No.III, Thiruppathur, Vellore District.

+3CCs to Mr.C.Selvaraj, Advocate, Sr.No.9211 Crl.O.P.No.16048 of 2017 and Crl.M.P.Nos.9933 & 9934 of 2017 kak(05/03/2019) https://hcservices.ecourts.gov.in/hcservices/