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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2019
CORAM
THE HON’BLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.2186 of 2019
1. Bapaji
2. P.T.Kaliyan
3. Saroja
4. Malarvizhi
5. Rajendran … Petitioners
-Vs-
1. State Rep. by,
Inspector of Police
All Women Police Station,
Vridhachalam, Cuddalore District.
(Crime No.21 of 2013)
2. S.SenthilMuruga Jayakumari @ Pappy … Respondents
Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to
call for the records in connection with C.C.No.43 of 2014 on the file of the
Learned Judicial Magistrate No.1, Vridhachalam, Cuddalore District and
quash the same.
For Petitioner : Mr.S.Saravana Kumar
For R1 : Mr.Mohamed Riyaz
Additional Public Prosecutor
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ORDER
The Criminal Original Petition has been filed to quash the
proceedings C.C.No.43 of 2014 on the file of the Learned Judicial
Magistrate No.1, Vridhachalam, Cuddalore District, for an alleged offences
under Sections 498A, 494, 506(i) of IPC r/w 109 of IPC.
2. The case is still at the stage of trial. By passage of time, the
parties have decided to bury their hatchet and compromise the dispute
amicably among themselves.
3. The affidavit of the second respondent has been filed before this
Court, dated 11.12.2018, which has been signed by the petitioner and the
second respondent and also by their respective counsel. In order to
identify the respective parties they have also produced the copies of the
Aadhaar Card are made part of the record. In the affidavit it has been
stated that the petitioner and the second respondent had entered into a
compromise and amicably settled their issues in C.C.No.43 of 2014. 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 First Information Report pending. Even though, the offences
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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 First
Information Report in Crime No.21 of 2013.
5. This Criminal Original Petition stands allowed and as a sequel, the
proceedings in C.C.No.43 of 2014, on the file of the Learned Judicial
Magistrate No.1, Vridhachalam, Cuddalore District, is quashed and the
affidavit filed by the parties and shall form part and parcel of this order.
The petitioner shall pay a sum of Rs.2,000/- as costs, to the credit of the
Chief Justice Relief Fund (payable in Accounts Section of the High
Court Registry), within a period of one week from the date of receipt of
a copy of this order.
29.01.2019
Speaking Order/Non-Speaking Order
Index : Yes/No
Internet : Yes/No
ssr/kp
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N.ANAND VENKATESH,J.
ssr
To
1. The Judicial Magistrate No.1,
Vridhachalam, Cuddalore District.
2. The Inspector of Police
All Women Police Station,
Vridhachalam, Cuddalore District.
3. The Public Prosecutor,
High Court, Madras.
Crl.O.P.No.2186 of 2019
29.01.2019
http://www.judis.nic.in
