Saraswathy v. N. Yasodha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P(MD)No.17241 of 2022 and Crl.M.P(MD)No.11655of 2022

1. Saraswathy

2. Subbulakshmi

3. Mohanraj

4. Duraimurugan ... Petitioners Vs N. Yasodha ... Respondent PRAYER: Criminal Original petitions have been filed under Sections 439

(1) (b) of the Code of Criminal Procedure, to call for the records relating D.V.C No. 72 of 2020 on the file of the learned Additional Mahila Judge cum Judicial Magistrate, Karur and quash the same. For Petitioners : Mr.Shanmuganathan V R, For Respondent :Mr.S.Rajesh Kumar For Mr.N.Ananda Kumar

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in D.V.C No. 72 of 2020, on the file of the learned Additional Mahila Judge cum Judicial Magistrate, Karur.

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. Joint compromise memo dated NIL.11.2024, has been filed before this Court which has been signed by the petitioners and the respondent/de facto complainant and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by the respective counsels. In the affidavit, it has been stated that the petitioners and the respondent have entered into a compromise and amicably settled their issues in D.V.C No. 72 of 2020, on the file of the learned Additional Mahila Judge cum Judicial Magistrate, Karur.

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., to quash the proceedings in D.V.C No. 72 of 2020, on the file of the learned Additional Mahila Judge cum Judicial Magistrate, Karur.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in D.V.C No. 72 of 2020, on the file of the learned Additional Mahila Judge cum Judicial Magistrate, Karur, is hereby quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed. 13.12.2024 Internet :Yes Index :Yes/No NCC :Yes/No LR

To 1.The Additional Mahila Judge cum Judicial Magistrate, Karur.

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

N.ANAND VENKATESH, J.

LR Crl.O.P(MD)No.17241 of 2022 13.12.2024