Crl.O.P.No.6890 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.03.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.6890 of 2018
and Crl.MP.Nos.3536 and 3537 of 2018
Swathi Sriram …Petitioner
Vs.
1.The State rep by,
The Inspector of Police,
All Women Police Station
Guindy, Chennai – 600 032.
2.Vidya Parameshwaran …Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of
Cr.P.C., to call for the record relating to C.C.No.919 of 2017 on the file of
the Judicial Magistrate, Alandur, Chennai and quash the same as against
the petitioner.
For Petitioner : M/s.Geeta Ramaseshan
For Respondents
For R1 : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
For R2 : Mr.M.Suresh
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Crl.O.P.No.6890 of 2018
ORDER
This Criminal Original Petition has been filed to quash the
C.C.No.919 of 2017 on the file of the Judicial Magistrate, Alandur,
Chennai.
2. Based on the complaint lodged by the second respondent,
the first respondent has registered FIR in Cr.No.2 of 2016 against the
petitioner herein and after investigation filed charge sheet under Sections
417 and 498A of IPC read with Section 4 of Tamil Nadu Prohibition of
Women Harassment Act.
3. The case is still in the stage of investigation. By passage of
time, the parties have decided to bury their hatchet and compromise the
dispute amicably among themselves.
4. The Second respondent / Defacto complainant has filed an
affidavit before this Court which has been signed by the second
respondent and also by their respective counsel. All the parties are present
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Crl.O.P.No.6890 of 2018
and identified by their respective counsel and the Police. In order to
identify the respective parties, they have also produced the copies of the
Aadhaar Card are made part of the record. This Court also enquired both
the parties and was satisfied that the parties have come to an amicable
settlement between themselves.
5. Under such circumstances, no useful purpose will be served in
keeping the First Information Report 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. and quashes the
case in C.C. No.919 of 2017 on the file of the learned Judicial
Magistrate, Alandur, Chennai, against the petitioner.
6. This Criminal Original Petition stands allowed and as a sequel,
the proceedings in C.C.No.919 of 2017 on the file of the Judicial
Magistrate, Alandur, Chennai, is hereby quashed as against the petitioner
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Crl.O.P.No.6890 of 2018
and the affidavit shall form part and parcel of this Order. The petitioner
shall pay a sum of Rs.10,000/-, as costs, to the Tamil Nadu State Legal
Services Authority, High Court, Madras, within a period of one week
from the date of receipt of a copy of this order and file a photocopy of the
receipt along with a memo reporting compliance in the Registry.
Consequently, connected Miscellaneous Petitions are closed.
12.03.2020
Internet: Yes
Index : Yes/No
Speaking/Non speaking order
drl
To
1. The Judicial Magistrate,
Alandur, Chennai.
2.The Inspector of Police,
All Women Police Station
Guindy, Chennai – 600 032.
3.The Public Prosecutor,
High Court, Madras.
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Crl.O.P.No.6890 of 2018
G.K.ILANTHIRAIYAN. J,
drl
Crl.O.P.No.6890 of 2018
and
Crl.MP.Nos.3536 and 3537 of 2018
12.03.2020
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