Srimathy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH And Crl.M.P.No.2954 of 2024 1.Srimathy 2.Nantha Kumar 3.Gowtham ... Petitioners Vs.

1.State rep. by Inspector of Police W-30 All Women Police Station, Ponnamalle, Thiruvallur.

(Crime No.6 of 2022) 2.Karthika ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records in Crime No.6 of 2022 on the file of Inspector of Police, W-30 AWPS, Poonamalle, Thiruvallur, to quash the same. For Petitioners : Mr.S.Suresh for M/s.V.Saravanan For Respondents : Mr.A.Damodaran for R1 Additional Public Prosecutor

O R D E R

The criminal original petition has been filed seeking to quash the 1/5

F.I.R. in Crime No.6 of 2022, pending on the file of the first respondent.

2.The case is still at the stage of investigation. The parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.The Joint Memorandum of Compromise dated 23.01.2024 has been filed before this Court which has been signed by the petitioners and the second respondent and also by the learned counsel for the petitioners. The petitioners and the second respondent were also present in person before this Court and they were identified by Ms.V.Jeyashree, Women Head Constable, AWPS, Poonamallee. In the Joint Memorandum of Compromise it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.6 of 2022. 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 2/5

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 Supreme Court in The State of Madhya Pradesh Vs. 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.6 of 2022, on the file of the first respondent Police.

5.It is brought to the notice of this Court by the second respondent who was present before this Court that a sum of Rs.5Lakhs was deposited by the second respondent pursuant to the order passed by this Court in Crl.O.P.No.24798 of 2022 dated 27.10.2022. The third petitioner (A4) who was present before this Court stated that he has no objection in the second respondent withdrawing the said amount. By virtue of the compromise between the parties, it is left open to the second respondent to withdraw this amount. 6.This criminal original petition stands allowed and as a sequel, the proceedings in Crime No.6 of 2022, on the file of the first 3/5

respondent police, is quashed in entirety and the terms of Joint Memorandum of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.3,000/- (Rupees Three Thousand Only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), 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, the connected miscellaneous petition is closed. 22.02.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Inspector of Police W-30 All Women Police Station, Ponnamalle, Thiruvallur.

(Crime No.6 of 2022) 2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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N.ANAND VENKATESH,J.

pri And Crl.M.P.No.2954 of 2024 22.02.2024 5/5