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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
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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
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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
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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
