Jeeva v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP No.1363 of 2024 1.Jeeva 2.Jayashree

...Petitioners /Accused 2 to 4

.Vs.

1.The State of Tamilnadu Rep.by Inspector of Police All Women Police Station Harur, Dharmapuri.

1st Respondent / Complainant (Crime No.30 of 2023) 2.G.Shanmathi ..2nd respondent/ De facto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to Crime No.30 of 2023 dated 2.12.2023, on the file of Inspector of Police, All Women Police Station, Harur, Dharmapuri and quash the same.

For Petitioners : Mr.M.Selvam For Respondents : Mr..A.Gopinath Government Advocate (Crl.Side) for R1

ORDER

This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.30 of 2023, pending on the file of first respondent police.

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 2nd petitioner was present before this Court and she stated that her date of birth is 2.7.1998. She further stated that she has married Yogesh (A1) on 14.12.2023 and she is now living happily with him. She requested this Court to close the criminal case.

3.Affidavit of the 2nd petitioner dated 19.01.2024 has been filed before this Court. 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 Affidavit, it has been stated that the parties have entered into a compromise and amicably settled their issues in Crime No.30 of 2023, pending on the file of first respondent. 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 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. quashes the FIR in Crime No.30 of 2023, pending on the file of first respondent. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.2 of 2020, pending on the file of first respondent is quashed in entirety and the terms of affidavit shall form part and parcel of this order.

23.01.2024 Speaking Order/Non-Speaking Order Index: Yes/No Internet: Yes/No kp To 1.Inspector of Police All Women Police Station Harur, Dharmapuri.

2.The Public Prosecutor, High Court of Madras, Madras.

N.ANAND VENKATESH.J., kp CRL.OP No.1363 of 2024 23.01.2024