Prince Samuvel, (M/34) v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP.No.25591 of 2017

1. Prince Samuvel

2. Portia Chelladurai

3. Helina Wesley

4. Wesley Dayan

...Petitioners/Accused

Vs.

1. The State rep. by the Inspector of Police, W-4, All Women Police Station, Kilpauk, Chennai.

.. respondent/ complainant

2. Annie Priya

...Respondents /Defacto

Complainant PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.2019 of 2015 on the file of the Chief Metropolitan Magistrate Court, Egmore at Allikulam,Chennai and quash the same.

For Petitioners : Mr.Rahman Sheriff For Respondents : Mr.M.Mohamed Riyaz Addl. Public Prosecutor for R1 Mr.K.Balasubramaniam for R2

ORDER

The Criminal Original Petition has been filed to call for the records in C.C.No.2019 of 2015 on the file of the Chief Metropolitan Magistrate Court, Egmore at Allikulam, Chennai and quash the same.

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. A joint memo of Compromise, dated 30.08.2018, has been filed before this Court which have been signed by the 3rd petitioner/mother of the 1st petitioner and the 2nd respondent/defacto complainant and also by their respective counsel. The mother of the 1st petitioner and https://hcservices.ecourts.gov.in/hcservices/

the parents of the second respondent were also present in person before this Court. In order to identify the respective parties they have also produce 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.2019 of 2015 on the file of the Chief Metropolitan Magistrate Court, Egmore, Allikulam, Chennai.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.2019 of 2015 on the file of the learned Chief Metropolitan Magistrate Court, Egmore at Allikulam, Chennai, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order.

*Here enclosed the Joint Compromise memorandum. kal Sd/- Assistant Registrar(imp cell) //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, W-4, All Women Police Station, Kilpauk, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Balasubramaniam , Advocate SR.No. 49796 CRL.OP.No.25591 of 2017 A.SK(23/07/2019) https://hcservices.ecourts.gov.in/hcservices/