Sathya v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:25.01.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.1844 of 2019 and Cr.l.M.P.No.1141 of 2019 1.Sathya 2.Ammu 3.Yogendrhiran ... Petitioners Vs.

1. State Rep. by The Inspector of Police, W-6, All Women Police Station, Secretariat Colony, Chennai.

2. A.Sindhu ... Respondents Prayer: Criminal Original petition filed under Section 482 of the Criminal Procedure Code, to call for the entire records in pursuant to Crime No.10 of 2018 on the file of the first respondent and quash the same.

For Petitioner : Mr.K.Kannan For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the investigation in Crime No.10 of 2018 pending on the file of the W-6, All Women Police Station, Secretariat Colony, Chennai pursuant to the compromise arrived at by the parties.

2. The case is still in 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 first petitioner is also filed an undertaking affidavit before this Court and has specifically undertaken to marry the second respondent before the end of May 2019. This affidavit is also taken on record.

4. An affidavit of the second respondent/defacto complainant and an undertaking affidavit of the first petitioner has been filed before this Court. The parties were also present before the Court and they have also produced the copies of the Aadhaar Card which are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

5. 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.10 of 2018.

6. This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.10 of 2018 pending on the file of the Inspector of Police, W-6, All Women Police Station, Secretariat Colony, Chennai is quashed and the terms of an affidavit of the second respondent/defacto complainant and an undertaking affidavit of the first petitioner shall form part and parcel of this order. The first petitioner shall pay a sum of Rs.2500/- as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar

dss To

1. The Inspector of Police, W-6, All Women Police Station, Secretariat Colony, Chennai.

2. The Section Officer, Account Section, High Court, Madras.

3. The Public Prosecutor, Madras High Court.

+1cc to Mr.K.Kannan, Advocate Sr.6362 Crl.O.P.No.1844 of 2019 and Cr.l.M.P.No.1141 of 2019 srg 13/02/2019