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Madras High CourtCRL OP/6679/2024allowed

Vishal v. The State Of Tamilnadu Rep By

2024-03-28Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Vishal S/o.Rajendran ... Petitioner Vs.

1.The State of Tamil Nadu represented by Inspector of Police, Tank Factory Police Station, Avadi.

2.Mukesh S/o.Baskaran ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records in JC.No.158 of 2023 on the file of Principal Magistrate, Juvenile Justice Board, Thiruvallur and quash the same.

For Petitioner : Mr.M.Jaisingh For Respondents : Mr.A.Gopinath Government Advocate (Crl.side) [R1] ***** 1/4

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in JC.No.158 of 2023 pending on the file of Principal Magistrate, Juvenile Justice Board, Thiruvallur.

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. A Compromise Memo signed by both parties and affidavits of petitioner and second respondent have been filed before this Court. The petitioner and second respondent were also present in person before this Court and they were identified by Ms.D.Krishnaveni, WSSI 10349, T7 Tank Factory Police Station [94981 28567]. In the Memo of Compromise and in the affidavits, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in JC.No.158 of 2023 pending on the file of Principal Magistrate, Juvenile Justice Board, Thiruvallur. This Court also enquired both the parties. This Court was satisfied that the parties have come to an amicable settlement between themselves.

4. Under such circumstances, no useful purpose will be served in 2/4

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 JC.No.158 of 2023 pending on the file of Principal Magistrate, Juvenile Justice Board, Thiruvallur. This Criminal Original Petition stands allowed and as a sequel, the proceedings in JC.No.158 of 2023 pending on the file of Principal Magistrate, Juvenile Justice Board, Thiruvallur, is quashed and the terms of Compromise Memo and the terms of affidavits shall form part and parcel of this order.

28.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm N.ANAND VENKATESH, J.

3/4

gm To 1.The Principal Magistrate, Juvenile Justice Board, Thiruvallur.

2.The Inspector of Police, Tank Factory Police Station, Avadi.

3.The Public Prosecutor, High Court, Madras.

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