Balakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P(MD)No.20516 of 2023 Balakrishnan ... Petitioner Vs

1. The Inspector of Police, Natham Police Station, Dindigul District. (Crime No.401/2022)..

2. Abirami ... Respondents PRAYER: Criminal Original petitions have been filed under Sections 439

(1) (b) of the Code of Criminal Procedure, to call for records pertaining to the charge sheet in SC No.90/2023 on the file of the Mahila Court, Dindigul and quash the same as illegal.

For Petitioners : Mr.T.Leninkumar, For R1 :Mr.B.Thanga Aravindh Government Advocate (Crl.Side) For R2 : Mr.T.Dhanapandiyan

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in S.C.No.90 of 2023, on the file of the Mahila Court, Dindigul.

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.08.2022, has been filed before this Court which has been signed by the petitioner and the 2nd respondent/de facto complainant and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.K.Arumugam, SI of Police, Natham Police Station. In the affidavit, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in S.C.No.90 of 2023, on the file of the Mahila Court, Dindigul. 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 S.C.No.90 of 2023, on the file of the Mahila Court, Dindigul.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.90 of 2023, on the file of the Mahila Court, Dindigul, is hereby quashed and the terms of Joint Compromise Memo shall form part and parcel of this order.

20.11.2024 Internet :Yes Index :Yes/No NCC :Yes/No LR

To 1.The Mahila Court, Dindigul.

2. The Inspector of Police, Natham Police Station, Dindigul District.

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

N.ANAND VENKATESH, J.

LR Crl.O.P(MD)No.20516 of 2023 20.11.2024