Arul v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.537 of 2024 1.Arul 2.Sasikanth 3.Vikram @ Mani .. Petitioners/Accused 1 to 3 .vs.

1.State rep.by The Inspector of Police T-8, Muthupudhupet Police Station Thiruvallur District.

.. 1st Respondent/Complainant 2.Kanniammal ..2nd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash the C.C.No.225 of 2020 in Crime No.344 of 2019, on the file of learned Judicial Magistrate at Ambattur and accept the compromise quash. For Petitioners : Mr.V.Jayachandran For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 Mrs.V.Nandakumar for R2

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.225 of 2020, on the file of learned Judicial Magistrate,

Ambattur.

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. Affidavit dated 30.11.2023 signed by the petitioners and second respondent/de facto complainant and their respective counsel has been filed before this Court. The petitioners and second respondent 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 C.C.No.225 of 2020, on the file of learned Judicial Magistrate, Ambattur.

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 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. quashes the proceedings in C.C.No.225 of 2020, on the file of learned Judicial Magistrate, Ambattur.

5.This Criminal Original Petition stands allowed and as a sequel, the

proceedings in C.C.No.225 of 2020, on the file of learned Judicial Magistrate, Ambattur, is quashed and the terms of affidavits shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.750/- (Rupees seven hundred and fifty 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. 6.Post this case for reporting compliance on 05.02.2024 18.01.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp Note: Issue order copy on 24.01.2024 To 1.The Inspector of Police T-8, Muthupudhupet Police Station Thiruvallur District.

2. Judicial Magistrate, Ambattur.

3.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH, . J.

kp Crl.O.P No.537 of 2024 18.01.2024