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