Harikrishanan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2022 CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5431 of 2022
1. Harikrishanan
2. Amsakalyani ... Petitioners Vs.
1. The State rep. by Inspector of Police, S 10, Pallikaranai Police Station, St. Thomas Mount, Chennai.
... 1st Respondent/Complainant (Crime No. 1018 of 2019)
2. R.Jayanthi ... Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., pleased to call for the records and quash the FIR in Crime No. 1018 of 2019 on the file of the 1st respondent. For Petitioners : Mr.P.Naveen for M/s.P.Kalpana
O R D E R
The Criminal Original Petition has been filed to quash the First Information Report in Crime No.1018 of 2019 on the file of the respondent police, for the offences punishable under Sections 147, 294(b), 323, 506(i) of IPC and Section 4 of Tamil Nadu Prohibitition of Harassment of Women Act, 2002. 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.A Memorandum of Understanding has been filed before this Court, which has been signed by the first petitioner and the second respondent's daughter (1st Petitioner's Wife). This Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves.
Parties are identified by the respective Counsel and the respondent Police.
4. The relevant portion of the joint memorandum of Understanding is extracted hereunder :- (i) The 2nd party shall file a quash petition for quashing Cr.No.48 of 2020 on the file of the Inspector of Police, R9, Valsaravakkam Police Station, T.Nagar, Chennai for which the 1st party shall file her affidavit confirming the compromise and this MOU to enable the Hon'ble High Court to quash Cr.No.48 of 2020.
(ii) The 1st party and his mother and his relatives shall file a quash petition for quashing Cr.1018 of 2019 on the file of the Inspector of Police, S10, Pallikaranai Police Station, St.Thomas Mount, Chennai for which the 2nd party shall file her affidavit confirming the compromise and this MOU to enable the Hon'ble High Court to quash Cr.No.1018 of 2019.
(iii) Both the parties have already exchanged their valuables, consumer durables and other articles and confirm that they have no claim towards each other.
(iv) The parties agree that the divorce granted by and the VI Additional Family Court, Chennai are valid and both parties agree not to reopen the above proceedings and both shall not file any other case, petition or complaint before any police, or other authorities or before any Court except as stipulated in this deed of MOU.
5.Under such circumstances, this Court is of the opinion that 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. 1018 of 2019. 6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.1018 of
2019 , on the file of the first respondent police, is quashed and the joint compromise memo shall form part and parcel of this order.
Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar nti/nr To
1. The Inspector of Police, S 10, Pallikaranai Police Station, St. Thomas Mount, Chennai.
2. The Public Prosecutor, High Court of Madras.
+1cc to Mr.P.Kalpana, Advocate SR.No.15825 Crl.O.P.No.5431 of 2022 SJ(CO) GN(23/03/2022)