Sridhar Chandrasekharan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl. M.P.No.19197 of 2023 Sridhar Chandrasekharan ... Petitioner Vs

1. The State rep. By The Inspector of Police, All Women Police Station, Hosur, Krishnagiri District.

(Crime No.29/2023)

2. Sushmitha @ Kamatchi ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for impugned Charge Sheet in C.C.No.228 of 2023 on the file of the Judicial Magistrate No.II, Hosur and quash the same. For Petitioner : Mr. R. Dhanasekar For 1st Respondent : Mr. A. Gopinath Government Advocate (Crl.Side) For 2nd Respondent : Mr.Shaikh Mehrunnisa Kasim

ORDER

This Criminal Original Petition has been filed to quash the C.C.No.228 of 2023 on the file of the Judicial Magistrate No.II, Hosur, thereby taken cognizance for the offences under Sections 498(A), 323, 506 (i), 294(b), 354(A) of the Indian Penal Code and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002.

2. Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A Joint Memo of Compromise has been filed before this Court, which has been signed by the petitioner and the defacto complainant and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. 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 proceeding 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 proceeding in C.C.No.228 of 2023 pending trial on the file of the Judicial Magistrate No.II, Hosur.

5. In view of the above, the proceedings in C.C.No.228 of 2023 on the file of the Judicial Magistrate No.II, Hosur, is hereby quashed as against the petitioner alone. The Trial Court is directed to proceed with the trial as against the other accused persons. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.5,000/-, (Rupees Five Thousand only) as costs, to the Chief Justice Relief Fund, Tamil Nadu, forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6. Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 13.03.2025 Index:Yes/No AT To

1. The Judicial Magistrate No.II, Hosur.

2. The Inspector of Police, All Women Police Station, Hosur, Krishnagiri District.

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

G.K.ILANTHIRAIYAN. J, AT 13.03.2025