Madras High CourtCRL OP/2082/2024allowed

Aravind v. State Rep By

2024-02-06Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.2082 of 2024 1.Aravind 2.Manimegalai 3.Poornima ... Petitioners/ Accused No.1 to 3 .vs.

1.State rep.by Inspector of Police All Women Police Station SRMC, Avadi.

..1st Respondent /Complainant (Crime No.6 of 2022) 2.Sinthu ..2nd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the final report in SC.No.119 of 2022, on the file of the District Sessions Judge, District Court No.II, Kanchipuram. For Petitioners : Mr.G.Saravanabhavan For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 1/4

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in SC.No.119 of 2022, on the file of the District Sessions Judge, District Court No.II, Kanchipuram.

2. The case is still at 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 Compromise Memo dated 9.10.2023 signed by both petitioners and second respondent/de facto complainant and their respective counsel has been filed before this Court. An affidavit has also been filed by the second respondent/de facto complainant 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. The petitioners and the second respondent/de facto complainant were also present in person before this Court. In the affidavit, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in SC.No.119 of 2022, on the file of the District Sessions Judge, District Court No.II, Kanchipuram.

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) 2/4

9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C, quash the proceedings in SC.No.119 of 2022, on the file of the District Sessions Judge, District Court No.II, Kanchipuram.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in in SC.No.119 of 2022, on the file of the District Sessions Judge, District Court No.II, Kanchipuram, is quashed and the terms of Joint compromise memo and affidavit shall form part and parcel of this order. 06.02.2024 Index : Yes/No Speaking Order/Non-Speaking Order KP To 1.Inspector of Police All Women Police Station SRMC, Avadi.

2.District Sessions Judge District Court No.II, Kanchipuram.

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

N. ANAND VENKATESH., J 3/4

KP Crl.O.P No.2082 of 2024 06.02.2024 4/4