Balakrishna Prabhu v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2024

CORAM

THE HONOURABLE MR JUSTICE N.ANAND VENKATESH Crl.O.P.No.5845 of 2024 Balakrishna prabhu .. Petitioner Vs.

1. The state rep. by, Inspector of Police Station, E-1, Mylapore Police Station, (Crime No.263 of 2021)

2. Babu ... Respondents PRAYER : The Criminal Original Petition filed under Section 482 of Cr.P.C. to quash the FIR in Crime No.263 of 2021 pending on the file of the E-1, Mylapore Police Station basis on the compromise arrived between the Petitioner and 2nd Respondent.

For Petitioner : Mr.D.Prasanna Kumar For Respondent No.1 : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The Criminal Original Petition has been filed to quash the first information report in Crime No.263 of 2021 on the file of the 1st respondent.

2.

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

3.

The Joint Compromise Memo dated 08.02.2024 has been filed by the petitioner and the 2nd respondent/de-facto complainant before this Court. The petitioner and the second respondent were also appeared in person before this Court. In the Memo, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.263 of 2021. 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.263 of 2021, on the file of the 1st respondent Police.

5.

This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.263 of 2021, on the file of the 1st respondent police, is quashed and the terms of memo shall form part and parcel of this order.

Index : Yes/No 18.03.2024 Internet : Yes/No rka N.ANAND VENKATESH, J.

rka

To

1. The Inspector of Police Station, E-1, Mylapore Police Station, (Crime No.263 of 2021) 2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.5845 of 2024 18.03.2024