A.Elangovan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.Nos.29170 of 2018 & 740 of 2019 and Cr.l.M.P.Nos.17078 & 17081 of 2018 and 482 & 484 of 2019 1.A.Elangovan 2.R.Siva Kumar 3.R.Madhavan ... Petitioners in Crl.O.P.No.29170 of 2018 1.P.Manikandan @ C.D.Mani 2.Vinoth @ Vinoth Kumar 3.Hariharan 4.Suresh @ Soori Suresh ... Petitioners in Crl.O.P.No.740 of 2019 Vs.

1.State by Inspector of Police, R-1, Mambalam Police Station, Chennai.

2.A.Ramachandran ... Respondents in both petitions Prayer: Criminal Original petitions filed under Section 482 of the Criminal Procedure Code, to call for the records and quash the Charge Sheet in C.C.No.10539 of 2018, pending trial on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai respectively and quash the same.

For Petitioners : Mr.C.D.Johnson in both petitions For Respondent 1 : Mr.M.Mohamed Riyaz in both petitions Additional Public Prosecutor For Respondent 2 : Mr.M.Murali in both petitions

COMMON ORDER The Criminal Original Petitions have been filed to quash the proceedings in C.C.No.10539 of 2018 pending on the file of the the learned XVII Metropolitan Magistrate, Saidapet, Chennai, pursuant to the compromise arrived at by the parties.

2. The cases are still in the stage of proceedings. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. Counter affidavit of the second respondent / de-facto complainant has been filed before this Court. The parties were also present before the Court and they have also produced the copies of the Aadhaar Card which 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 proceedings 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.10539 of 2018.

5. This Criminal Original Petitions stand allowed and as a sequel, the proceedings in C.C.No.10539 of 2018, pending on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai is quashed and the terms of counter affidavit of the second respondent / de-facto complainant shall form part and parcel of this order.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dss To

1. The XVII Metropolitan Magistrate, Saidapet, Chennai.

2. The Inspector of Police, R-1, Mambalam Police Station, Chennai.

3. The Public Prosecutor, Madras High Court.

+2 cc to M/s.C.D.Johnson, Advocate Sr.No.6118 Crl.O.P.Nos.29170 of 2018 & 740 of 2019 KAN(CO) CSL/06.02.2019