P,Senthil v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.725 of 2019 P.Senthil ... Petitioner Vs.

1.State : Represented by The Inspector of Police, Kelambakkam Police Station, Crime No.317 of 2016 Kancheepuram District.

2. S.Sandhya ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.317 of 2016 on the file of the 1st respondent police and quash the same. For Petitioner : Mr.L.Mahendran For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : M/s.Swami Subramanian Mr. N.Prateik

ORDER

This Criminal Original Petition has been filed to call for the records in Crime No.317 of 2016, pending on the file of the 1st respondent police, for an alleged offence under Sections 498 (A), 294 (b), 323 and 506(i) of I.P.C r/w 4 of Women Harassment Act.

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. An affidavit is filed by the second respondent/defacto complainant before this Court. In order to identify the respective parties, they have also produced the copy of the Aadhaar Card and is made part of the record. This Court also https://hcservices.ecourts.gov.in/hcservices/

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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.317 of 2016.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.317 of 2016, on the file of the 1st respondent police, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Encl: Xerox copy of Affidavit dated 10.01.2019 to be enclosed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msrm To

1. The Inspector of Police, Kelambakkam Police Station, Crime No.317 of 2016 Kancheepuram District.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.725 of 2019 CSL/11.02.2019 https://hcservices.ecourts.gov.in/hcservices/