Jayaprakash v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN and Cr.M.P.No.1896 of 2023 1.Jayaprakash 2.Gunasekaran 3.Sagunthala 4.Deepika 5.Sreenivasan 6.Soundarya (6th petitioner impleaded as per order dated 09.06.2023 in Crl.M.P.No.7797 of 2023 in Crl.O.P.No.3146 of 2023)

...Petitioners

Vs.

1.The State rep by The Inspector of Police, All Women Police Station, Ammapet, 2.A.Shahana

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to quash the FIR in Crime No.45 of 2022 pending on the file of All Women Police Station, Ammapet, Salem District.

For Petitioner : Mr.I.M.Siddartha Ramarajan For R-1 : Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal side) For R-2 : Mr.R.Nalliyappan 1/5

ORDER

This Criminal Original Petition is filed to quash the FIR in Crime No.45 of 2022, pending on the file of All Women Police Station, Ammapet,

2. FIR allegations shows that the petitioners/accused have committed cruelty on the second respondent/defacto complainant demanding dowry and committed the offences punishable under Sections 498 (A), 494, 354 D (1)(i), 294 (b), 506 (i) IPC, Section 4 of Dowry Prohibition Act, 1961 and Section 66E of Information Technology Act, 2000. Therefore FIR was registered on 22.09.2022 in Crime No.45 of 2022 against the petitioners.

3. The learned Government Advocate (Crl.Side) submitted that, by passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

4. Consent affidavit of the second respondent/defacto complainant, dated 12.06.2023 has been filed. A Joint Memo of Compromise dated 12.06.2023 has also been filed before this Court, which have been signed by 2/5

the petitioners and the second respondent and also by the learned counsel for the parties.

5. The petitioners and the second respondent were also present in person before this Court and they were identified by Ms.S.Lakshmi, WHC 310 All Women Police Station, Ammapet, Salem District. This Court also enquired both the parties and is satisfied that the parties have come to an amicable settlement between themselves. The second respondent answered this Court, that she had entered into a Memorandum of compromise with the petitioners and she has no objection for quashing the proceedings in First Information Report in Crime No.45 of 2022, on the file of the first respondent.

6. Considering the fact that, the second respondent does not want to prosecute the case against the petitioners and that she has no objection for quashment of proceedings, no useful purpose will be served in keeping the proceedings in First Information Report in Crime No. 45 of 2022, on the file of the first respondent.

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7. 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. 45 of 2022, on the file of the first respondent.

8.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.45 of 2022, on the file of the Inspector of Police, All Women Police Station, Ammapet, Salem District, against the petitioners is quashed and the terms of joint compromise memo shall form part and parcel of this order. Consequently, connected Miscellaneous Petition is closed.

19.06.2023 Internet :Yes Index :Yes/No sli To:

1.The Inspector of Police, All Women Police Station, Ammapet, 2.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN, J.

sli 19.06.2023 5/5