N.Padmini v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2021

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.1655 of 2021 N.Padmini D/o.Mr.Nagarajan

...Petitioner/Accused-1

Vs.

1. The State Rep. by the Inspector of Police W-3 All Women Police Station Egmore, Chennai - 600 008 2.S.Yogesh Kumar

...Respondents/Complainant

Criminal Original Petition filed under Section 482 of Cr.P.C to call for the records in Crime No.5 of 2017 pending on the file of 1st Respondent, accept the compromise and quash the proceedings as far as the petitioner is concerned in Crime No.5 of 2017 pending on the file of 1st Respondent. For Petitioner : Mr.N.Moorthi For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1.

Mr.K.Balasubramaniam for R2

O R D E R

This Criminal Original Petition has been filed to quash the investigation in Crime No.5 of 2017, pending on the file of the 1st 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 respondent/de-facto complainant has filed an affidavit dated 27.01.2021, before this Court. The petitioner and the 2nd respondent/de-facto complainant, were present before this Court. In order to identify the respective parties they have filed the copies of the Aadhaar Card and it is made part of the record. In the affidavit, it has been stated that the 2nd respondent/de-facto complainant and the petitioner, have entered into a compromise and amicably settled their issues in Crime No.5 of 2017. This Court also enquired both the parties and was satisfied that the parties have come to an https://hcservices.ecourts.gov.in/hcservices/

amicable settlement between themselves.

4. Under such circumstances, no useful purpose will be served in keeping the F.I.R. pending. 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 F.I.R. in Crime No.5 of 2017, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.5 of 2017, pending on the file of the 1st respondent Police, viz.,Inspector of Police, W-3, All Women Police Station, Egmore, Chennai, is hereby quashed and the terms of affidavit shall form part and parcel of this order.

*Xerox copy of the Affidavit of the Petitioner & Respondent enclosed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rm To 1.The Inspector of Police W-3 All Women Police Station Egmore, Chennai - 600 008 2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.Moorthi, Advocate SR.8936 Crl.O.P.No.1655 of 2021 AAB(CO) CB(09/03/2021) https://hcservices.ecourts.gov.in/hcservices/