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Bapaji vs State Rep. By on 29 January, 2019

1

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

http://www.judis.nic.in
2

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
http://www.judis.nic.in
3

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

http://www.judis.nic.in
4

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

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