M.Palani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.26091 of 2023 and Crl.MP.No.18141 of 2023 M.Palani ... Petitioner/Accused .vs.

1.The State Rep.by its Inspector of Police F5, Choolaimedu Police Station Chennai-600 094.

..1st Respondent /Complainant (C.C.No.3686 of 2012) 2.K.Karthick ..2nd Respondent/ Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.3686 of 2012, pending on the file of the learned Metropolitan Magistrate No.XVII, Saidapet at Chennai and quash the same in favour of the petitioner.

For Petitioner : Mr.S.Selvanandam For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1 Mr.D.Hariprasad for R2 1/4

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.3686 of 2012, pending on the file of the learned Metropolitan Magistrate No.XVII, Saidapet at 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 01.11.2023, has been filed before this Court which have been signed by the petitioner and the 2nd respondent/de facto complainant and also by their respective counsel. In order to identify the respective parties they have also produced the copies of the Aadhaar Card are 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., to quash the proceedings in C.C.No.3686 of 2012, pending on the file of the learned Metropolitan Magistrate No.XVII, Saidapet at Chennai.

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5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.3686 of 2012, pending on the file of the learned Metropolitan Magistrate No.XVII, Saidapet at Chennai, is hereby quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1000/- (Rupees one thousand only) as costs, to the credit of the President, Tamil Nadu Advocate's Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of two weeks from the date of receipt of 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. 6.Post this case for reporting compliance on 23.01.2024. 02.01.2024 Note: Issue order copy on 5.1.2024 Index : Yes/No Speaking Order/Non-Speaking Order KP 3/4

N. ANAND VENKATESH., J KP To 1.Metropolitan Magistrate No.XVII Saidapet, Chennai.

2.Inspector of Police F5, Choolaimedu Police Station Chennai-600 094.

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

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