K.Arunkumar v. Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.475 of 2024 K.Arunkumar ... Petitioner Vs.

1. Station House Officer The Inspector of Police All Women Police Station Cuddalore Cuddalore District Crime No.22 of 2020 2.R.Monisha ... Respondents PRAYER: The Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in connection with a case in Crime No.22 of 2020 on the file of the respondent police and compromise quash the same.

For Petitioner : Mr.S.Jeganathan For Respondents : Mr.A.Gopinath Govt. Advocate (Crl. Side) - R1 Mr.Silambuselvan - R2

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.22 of 2020, pending on the file of the 1st respondent.

2. The case is still at the stage of investigation. the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The Affidavit dated 03.01.2024 has been filed by the petitioner and the 2nd respondent/de-facto complainant before this Court. The petitioner and the 2nd respondent were also present before this Court and they were identified by Mrs.G.Prema, WSSI, All Women Police Station, Cuddalore, Cell No.9498153803 who was also present at the time of hearing before this Court. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and it is made part of the record. In the affidavit it has been stated that the petitioner and the 2nd respondent have entered into a compromise and amicably settled their issues in Crime No.22 of 2020. 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 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), 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 First Information Report in Crime No.22 of 2020, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.22 of 2020, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. [The petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) as costs, to the credit of "Tamil Nadu Advocate Clerk Association, High Court Madras, Indian Bank High Court Branch SB.A/c.No.484026006, IFSC Code No.IDIB000M157", within a period of one week from the date of receipt of a copy of this order and file a

N. ANAND VENKATESH, J.

kas photocopy of the receipt along with a memo reporting compliance in the Registry].

6.Since the F.I.R. itself had been quashed, there shall be a direction to the 1st respondent to take steps to withdraw the L.O.C. and return back the passport to the petitioner. This process shall be completed within a period of two (2) weeks from today.

10.01.2024 Index : Yes/No kas To

1. Station House Officer The Inspector of Police All Women Police Station Cuddalore Cuddalore District Crime No.22 of 2020 2.The Public Prosecutor High Court of Madras Chennai 600 104 Crl.O.P No.475 of 2024