M.Arun @ Arunkumar v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.03.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P.No.3690 of 2021
1. M.Arun @ Arunkumar
2. C.Munusamy
3. N.Sekar
4. M.Shantha
5. S.Nirmala ... Petitioners/Accused A1 to A5
Versus
1.The State represented by its Inspector of Police, All Women Police Station, I/C, Papparapatti Police Taluk, Dharmapuri District.
Crime No.68 of 2020 ...1st Respondent/Complainant
2. P.Vijaya ...2nd Respondent/Defacto-Complainant This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code praying to call for the records in in Crime No.68/2020 pending on the file of the respondent police and quash the same.
For Petitioner :
Mr.C.Kartheeban For Respondents :
Mr.C.Raghavan R1 Government Advocate (Crl. Side)
O R D E R
The Criminal Original Petition has been filed to quash the FIR in Crime No.68 of 2020, pending on the file of the 1st respondent.
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 joint compromise affidavit dated 11.01.2021 has been filed before this Court. The petitioners and the second respondent were also present before this Court at the time of hearing through video conferencing and they were identified by Mr. Singaram, Special Sub Inspector of Police, All Women Police https://hcservices.ecourts.gov.in/hcservices/
Station, Dharmapuri District. 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 petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No68 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.68 of 2020, on the file of the 1st respondent Police.
5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.68 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.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rli Xerox copy of Joint Compromise Memo.
To
1. The Inspector of Police, All Women Police Station, I/C, Papparapatti Police Taluk, Dharmapuri District.
2. The Public Prosecutor, High Court of Madras.
Crl.O.P.No.3690 of 2021 SKY(CO) CSR 09.04.2021 https://hcservices.ecourts.gov.in/hcservices/