SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Mrs.Anu Radha vs State Rep. By on 13 December, 2018

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2018

CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

Crl.O.P.No.25917 of 2018

Mrs.Anu Radha …Petitioner
Vs.
1.State Rep. by
Inspector of Police,
W.20, All Women Police Station,
Saidapet, Chennai-15.

2.C.Ramesh …Responents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C. to
call for the record in docket order dated 26.07.2018 in Crl.M.P.No.
unnumbered of 2018 in Crl.A.No.181 of 2017 the Court of VI Session Judge at
Chennai, appeal filed against ordered dated 29.06.2017 Judgement
rendered by IX Metropolitan Magistrate Court in C.C.No.2018 of 2015 for
offence under Section 498-A of Indian Penal Code and set aside the same.

For Petitioner : Mr.I.Arockia Selvaraj
For R1 : Mr.M.Mohamed Riyaz
Additional Public Prosecutor

For R2 : Mr.V.Senthil Murugan
*****

ORDER

This Criminal Original Petition has been filed to call for the record in

Crl.M.P.No.unnumbered of 2018 in Crl.A.No.181 of 2017 on the file of the

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

VI Session Judge at Chennai, in docket order dated 26.07.2018 and to set

aside the order passed by the IX Metropolitan Magistrate, Saidapet, Chennai

in C.C.No.2018 of 2015, dated 29.06.2017.

2. The IX Metropolitan Magistrate, Saidapet, Chennai by Judgment

dated 29.06.2017, convicted the second respondent for an offence under

Section 498A IPC and sentenced him to undergo simple imprisonment for a

period of three years and to pay a fine of Rs.5,000/-, in default, to undergo

simple imprisonment for three months. Aggrieved against the said

Judgment, the second respondent has filed an appeal before the

VI Additional City Civil Court, Chennai in Crl.A.No.181 of 2017. When the

appeal was pending, the parties decided to compromise the dispute among

themselves. The petitioner and the second respondent wanted to again

start a fresh life. Pursuant to the same, the wife has filed this Criminal

Original Petition seeking to set-aside the Judgment of conviction passed

against the second respondent.

3. A joint memo of compromise has been filed before this Court,

which has been signed by the petitioner and the second respondent and also

by their respective counsel. The petitioner and the second respondent

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

were also present in person before this Court. 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 proceedings 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 Judgment in C.C.No.2018 of 2015

passed by the IX Metropolitan Magistrate, Saidapet, Chennai.

5. Recording the same, this Criminal Original Petition stands allowed

and as a sequel, the proceeding in C.C.No.2018 of 2015 on the file of the IX

Metropolitan Magistrate Court, Saidapet, Chennai is quashed and the terms

of Joint Compromise Memo shall form part and parcel of this order.

13.12.2018
Index: Yes/No
Internet: Yes/No
rri/lpp

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

N.ANAND VENKATESH, J.,
rri/lpp

To

1.The VI Session Judge,
Chennai.

2.The IX Metropolitan Magistrate,
Saidapet, Chennai.

3.The Inspector of Police,
Inspector of Police,
W.20, All Women Police Station,
Saidapet, Chennai-15.

4.The Public Prosecutor,
High Court, Madras.

Crl.O.P.No.25917 of 2018

13.12.2018

http://www.judis.nic.in

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation