Gaurav Chopra, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:13.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.28764 of 2017 and Crl.M.P.No.16257 of 2017 1.Gaurav Chopra 2.Chandan Baral 3.Pappu @ Rakesh Mohapatra

...Petitioner

(petitioners 2 and 3 are impleaded as per order dated 13.03.2020 in Crl.M.P.No.3288 of 2020 by GKIJ).

Vs.

1. State by, The Inspector of Police, R.10, M.G.R Nagar Police Station, Jafferkhanpet, Chennai.

(Crime No.294 of 2016) 2.Sunitha

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records in C.C.No.3921 of 2016 pending on the file of the 23rd Metropolitan Magistrate, Saidapet, Chennai and quash the charges against the petitioner. For Petitioners : Mr.P.Saravanan For Respondent For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the C.C.No.3921 of 2016 on the file of the on the file of the 23rd Metropolitan Magistrate, Saidapet, 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.

A Joint Memo of Compromise dated 04.03.2020 has been filed before this Court which have been signed by the petitioners and the second respondent. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also shown the copies of the Aadhaar Card. 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 C.C.No.3921 of 2016 pending on the file of the 23rd Metropolitan Magistrate, Saidapet, Chennai, 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 C.C.No.3921 of 2016 pending on the file of the 23rd Metropolitan Magistrate, Saidapet, Chennai.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.3921 of 2016 which is pending on the file of the 23rd Metropolitan Magistrate, Saidapet, Chennai, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner shall deposit a sum of Rs.10,000/- (Ten Thousand only) as costs, to the Tamil Nadu Legal Services Authority, High Court Campus, Chennai, 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, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar smv To

1. The Inspector of Police, R.10, M.G.R Nagar Police Station, Jafferkhanpet, Chennai.

2. The Public Prosecutor, High Court, Madras.

Copy to

1. The Secretary, Tamilnadu Legal Service Authority, High Court, Campus, Chennai.

2. The 23rd Metropolitan Magistrate, Saidapet, Chennai.

3. The Chief Metropolitan Magistrate, Egmore, Chennai - 8 Crl.O.P.No.28764 of 2017 AD(CO) KKV/08/07/2020