Karthik v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS.

DATED: 11.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.28668 of 2018 1.Karthik 2.Kumarasamy 3.Yamuna Bhai 4.Sundaram .. Petitioners Vs.

The State represented through 1.The Inspector of Police, W 8, All Women Police Station, Thirumangalam, Chennai (in Cr.No.04/2014) 2.Swathika .. Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to *C.C.No.9135 of 2014 pending on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai and quash the same in the interest of justice.

For Petitioners : Mr.J.William Christopher For Respondents : Mr.M.Mohamed Riyaz Addl.Public Prosecutor for R1 Mr.V.Vaithiyalingam for R2

ORDER

The Criminal Original Petition has been filed to quash the proceedings in *C.C.No.9135 of 2014, pending on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai

2. The case is still in 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 Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. https://hcservices.ecourts.gov.in/hcservices/

4. Under such circumstances, no useful purpose will be served in keeping the case in *C.C.No.9135 of 2014 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 proceedings in C.C.No.9123 of 2014, on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in *C.C.No.9135 of 2014, on the file of the learned Chief Metropolitan Magistrate, Egmore, Chennai, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order.

The Joint Memo Compromise Xerox Copy Enclosed. Sd/- Deputy Registrar Dated: 24/12/2018 * Amended order to be issued as per the Order dated 12/02/2019 and made herein Sd/- Assistant Registrar Dated: 19/02/2019 //True Copy// Sub Assistant Registrar kal To 1.The Inspector of Police, To be Substituted to the W 8, All Women Police Station, order already despatched on Thirumangalam, 22/01/2019 Chennai 2.The Public Prosecutor, High Court, Chennai.

+1cc to Mr.V.Vaithiyalingam, Advocate, S.R.No.85589 +4cc to Mr.S.Vellidoss, Advocate, S.R.No. 12738(27/02/2019) Crl.O.P.No.28668 of 2018 GSP(04/01/2018) GN(19/02/2019) https://hcservices.ecourts.gov.in/hcservices/