K.Sridhar v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.1946 of 2024 K.Sridhar ... Petitioner Vs.
1.The Inspector of Police, All Women Police Station, Madipakkam, Chennai.
2.S.Sathya ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in FIR in Cr.No.2/2017 pending before the 1st respondent and quash the same. For Petitioner : Mr.S.Suresh For RR1 : Mr.A.Gopinath Government Advocate (Crl.Side)
O R D E R
The Criminal Original Petition has been filed seeking to quash the proceedings in FIR in Cr.No.2/2017 pending before the 1st respondent. 1/5
2.
The case is still in the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3.
A Joint Compromise memo dated 21.12.2023, signed by both the petitioner and the 2nd respondent /Defacto complianant has been filed before this Court. The petitioner and the 2nd respondent/de facto complainant were also present in person before this Court and they were identified by Mrs.M.Girija, Sub Inspector of Police, W-32 AWPS, Madipakkam, who was also present at the time of hearing. In order to identify the respective parties, they have also produce the copy of the Aadhaar Card is made part of the record. In the compromise memo, it has been stated that the petitioner and the respondents have entered into a compromise and amicably settled their issues in Cr.No.2/2017 pending before the 1st respondent 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 2/5
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 Supreme 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, quash the proceedings in Cr.No.2/2017 pending before the 1st respondent.
5.
This Criminal Original Petition stands allowed and as a sequel, the proceedings in Cr.No.2/2017 pending before the 1st respondent, is quashed and the terms of Joint Compromise Memo dated 21.12.2023, shall form part and parcel of this order. Consequently, the connected miscellaneous petition is closed.
08.02.2024 Speaking Order/Non-speaking Order Index :Yes/No sk 3/5
N.ANAND VENKATESH, J.
sk To 1.The Inspector of Police, All Women Police Station, Madipakkam, Chennai.
2.The Public Prosecutor, High Court, Madras.
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