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Madras High CourtCRL OP/27973/2018allowed

Rajesh Mohandas v. State By

2018-12-04Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.27973 of 2018 1.Rajesh Mohandas

2. Mary Celestina

...Petitioners/Accused 1&2

Vs.

1.State by The Inspector of Police, W-6, All Women Police Station, Ayanavaram, Chennai 600 010.

(Crime No.6 of 2011) 2.Jayapradha

...Respondents/Complainant/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., praying to call for the records in C.C.No.21 of 2017 pending on the file of the Mahila Court, Allikulam, Chennai, and quash the same.

For Petitioner : Mr.V.V.Sairam For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1

O R D E R

This Criminal Original Petition has been filed to quash the case in C.C.No.21 of 2017, for alleged offences under Sections 498 (A), 406 and 506 (ii) of I.P.C, pending on the the file of the Mahila Court, Allikulam, Chennai.

2. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves and they have also filed affidavits individually i.e. Affidavit of Jayapradha, Affidavit of Mary Celestina and Affidavit of Rajesh Mohandas, to that effect before this court.

3. The 1st and 2nd petitioners and 2nd respondent were also present in person before this Court and they were identified by https://hcservices.ecourts.gov.in/hcservices/

their respective counsels. This Court also enquired 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 in C.C.No.21 of 2017 pending. 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 proceedings in C.C.No.21 of 2017.

5. This Criminal Original Petition stands allowed accordingly.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar cgi To 1.The Inspector of Police, W-6, All Women Police Station, Ayanavaram, Chennai 600 010.

2.The Additional Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.V.V.Sairam, Advocate, S.R.No.83529 Crl.O.P.No.27973 of 2018 SR(CO) GSP(21/12/2018) https://hcservices.ecourts.gov.in/hcservices/