SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

HIGH COURT OF JUDICATURE AT MADRAS
SENDHILKUMAR – Appellant
Versus
STATE REP BY – Respondent
CRL OP 33957/2019



Advocates:
['M/S V S SENTHILKUMAR', '', 'A KRIPAKARAN', 'PUBLIC PROSECUTOR PONDICHERRY', 'AFFIDAVIT FILED', 'M/S V JOHNSON YUVARAJ']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

Crl.O.P No.33957 of 2019

and Crl.M.P No.18745 of 2019

Sendhilkumar

Petitioner/Accused

vs.

1. State Rep. By

The Station House Officer,

All Womens Police Station,

Puducherry.

(CC No.1230 of 2019)

2. Mrs.T.Veronica

Respondents/Complainant

PRAYER: Criminal Original Petition filed under Section 482 of

the Code of Criminal Procedure, to call for the records in

C.C.No.1230 of 2019 pending on the file of the Chief Judicial

Magistrate, Puducherry and quash the same.

For Petitioner : Mr.V.S.Senthilkumar

For Respondents: Mr.M.Mohammed Riyaz

Additional Public Prosecutor for R1

Mr.J.V.Jhonson Yuvaraj for R2

ORDER

The Criminal Original Petition has been filed to call for

the records in C.C.No.1230 of 2019 pending on the file of the

Chief Judicial Magistrate, Puducherry and quash the same.

2. The case is still at the stage of investigation. By

passage of time, the parties have decided to bury their

hatchet and compromise the dispute amicably among themselves.

3. The affidavit dated 17.12.2020 has been filed by the

2nd respondent/de-facto complainant before this Court. The

petitioner and the second respondent were also present through

Video conferencing and they were identified by Ms.Chithra, Sub

Inspector of Police, Station House Officer, All Womens Police

Station, Puducherry, who was also present at the time of

hearing through Video conferencing. In the affidavit it has

been stated that the petitioners and the second respondent

have entered into a compromise and amicably settled their

Page numbers

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

issues in Crime No.1230 of 2019. 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 case 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), 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 case in C.C.No.1230 of 2019 pending on

the file of the Chief Judicial Magistrate, Puducherry.

5. This Criminal Original Petition stands allowed and as

a sequel, the proceedings in C.C.No.1230 of 2019, pending on

the file of the Chief Judicial Magistrate, Puducherry, is

quashed and the terms of affidavit shall form part and parcel

of this order. Consequently, connected miscellaneous

petition is closed.

*Xerox copy of the Affidavit enclosed.

Sd/-

Assistant Registrar

//True Copy//

Sub Assistant Registrar

ssr

To

1. The Chief Judicial Magistrate, Puducherry

2. The Station House Officer,

All Womens Police Station,

Puducherry.

3. The Public Prosecutor,

High Court, Madras.

Crl.O.P No.33957 of 2019

and Crl.M.P No.18745 of 2019

SSN(CO)

CB(12/02/2021)

Page numbers

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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top