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Madras High CourtCRL OP/32608/2022allowed

Janagiraman v. The Inspector Of Police

2023-07-21Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.32608 of 2022 Janakiraman .. Petitioner Vs.

1. The State Rep. by, Inspector of Police, All Women Police Station, Ulundurpet, Kallakuruchi District 606 107

2. Muniyammal .. Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in SC No.79 of 2021 pending on the file of the Magalir Neethi Mandram, Villupuam and quash the charge sheet / Final report.

For Petitioners : Mr.C.Prabhu For Respondent No.1 : Mr.A.Gopinath Government Advocate (Crl Side) For Respondent No.2 : Mr.N.Ponraj ***** 1/5

O R D E R

The Criminal Original Petition has been filed to call for the records pertaining to the proceedings in SC No.79 of 2021 pending on the file of the Magalir Neethi Mandram, Villupuam and quash the same.

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. The Joint compromise memo has been filed by the petitioner and 2nd respondent/de-facto complainant before this Court. The petitioner and the second respondent were also present in person before this Court and they were identified by Mrs.P.Anjalakshi, WSSI, All Women Police Station, Ulundurpet. In the affidavit, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in SC No.79 of 2021. This Court also enquired both the 2/5

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), and after exercising due caution as advised by the Hon'ble Suprme 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. quashes the case in Crime No.39 of 2019, pending on the file of 1st respondent. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in SC No.79 of 2021 pending on the file of the Magalir Neethi Mandram, Villupuam is quashed and the terms of affidavit shall form part and parcel of this order. 3/5

21.07.2023 Index : Yes/No Speaking order:Yes/No rka To

1. The State Rep. by, Inspector of Police, All Women Police Station, Ulundurpet, Kallakuruchi District 606 107

2. The Magalir Neethi Mandram, Villupuam

3. The Public Prosecutor, High Court, Madras 4/5

N.ANAND VENKATESH, J rka Crl.O.P.No.32608 of 2022 21.07.2023 5/5