Gopalakrishnan v. Jeyanthi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.[MD].No.23929 of 2016 Gopalakrishnan ... Petitioner / Respondent No.1 Vs.

1.Jeyanthi 2.Minor Dharshini 3.Minor Gokul ... Respondents / Petitioners (R2 and R3 are represented by the mother / guardian R1) PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in D.V.C.No.13 of 2016 on the file of the learned Judicial Magistrate No.II, Kovilpatti, Tuticorin District and quash the same.

For Petitioner : Mr.M.Veilkani Raju For R1 : Mr.Jeyaramachandran

ORDER

This Criminal Original Petition has been filed to quash the proceedings in D.V.C.No.13 of 2016 on the file of the learned Judicial Magistrate No.II, Kovilpatti, Tuticorin District. 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 petitioner and the respondents and also by their respective counsel. In order to identify the respective parties, 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 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the proceedings in D.V.C.No.13 of 2016 on the file of the learned Judicial Magistrate No.II, Kovilpatti, Tuticorin District. https://hcservices.ecourts.gov.in/hcservices/

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in D.V.C.No.13 of 2016 on the file of the learned Judicial Magistrate No.II, Kovilpatti, Tuticorin District, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS-I) ENCL: XEROX COPY OF COMPROMISE MEMO.

To 1.The Judicial Magistrate No.II, Kovilpatti, Tuticorin District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

• 1 CC TO Mr.M.Veilkani Raju , ADVOCATE IN SR No.93764. • • MYR • DS SKN SAR1 13 12 2018 2P 4C Crl.O.P.[MD].No.23929 of 2016 31.10.2018 https://hcservices.ecourts.gov.in/hcservices/