IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

Crl.O.P.No.20419 of 2021

S.D.Aneesh Kumar ..Petitioner

Versus

1. Mrs.S.Gayathri

2. State Rep By, Inspector Police,

W-27-All Woman Police Station,

Vadapalani, Chennai.

... Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the

Code of Criminal Procedure to call for records and quash the

charge sheet in C.C.No.145/2019 on the file of Judicial

Magistrate I Poonamallee.

For Petitioner

: Mr.K.Pasupathy

For Respondents : Mr.E.Raj Thilak (R2)

Additional Public Prosecutor

R.Murali (R1)

***

O R D E R

This petition has been filed by the petitioner/accused

to call for records and quash the charge sheet in C.C.No.145/2019

on the file of Judicial Magistrate I Poonamallee.

2. The case of the prosecution is that the petitioner is

the estranged husband of the de-facto complainant and the de-

facto complainant has faced torture and threat at the hands of

her husband,due to which she was forced to get out from her

matrimonial home and started living in the hostel and thereafter

she lodged a complaint against him, which was registered in Crime

No.13 of 2018 and taken on file in C.C.No.145 of 2019 on the file

of the Judicial Magistrate I Poonamalle and the same is pending.

https://hcservices.ecourts.gov.in/hcservices/

3. 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.

4.In the Affidavit filed in support of this petition, it

is stated that both the parties agreed to dissolve their marriage

which took place on 11.07.2016 and filed a Divorce petition by

Mutual content in O.P.(HMA)No.1457/2020. It is further stated

that they entered into Memorandum of understanding with each

other to settle their claim. The petitioner and the second

respondent/defacto complainant were also present before this

Court. 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 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 Gujarat), and after exercising due caution as advised by

the Hon'ble Suprme Court in The State of Madhya Pradesh v. Dhruv

Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in

exercise of its jurisdiction under Section 482 Cr.P.C. quashes

the proceedings in C.C..No.145 of 2019, on the file of learned

Judicial Magistrate -1 , Poonamallee.

6.This Criminal Original Petition stands allowed and as a

sequel, the proceedings in C.C.No.145 of 2019, on the file of the

learned Judicial Magistrate -1 , Poonamallee, is quashed.

Sd/-

Assistant Registrar(CO)

// True Copy //

Sub Assistant Registrar

arr

To

1.The Judicial Magistrate I,

Poonamallee.

2.The Metropolitan Magistrate,

Egmore, Chennai.

https://hcservices.ecourts.gov.in/hcservices/

3.The Inspector Police,

W-27-All Woman Police Station,

Vadapalani, Chennai.

4.The Public Prosecutor,

High Court, Madras.

+2cc to Mr.K.Pasupathy, Advocate SR.No.61382

Crl.O.P.No.20419 of 2021

RGN(CO)

CB(20/12/2021)

https://hcservices.ecourts.gov.in/hcservices/