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Madras High CourtCRL OP/2437/2019allowed

Yuvaraj V.S v. The State Rep By

2019-02-01Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2019

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.2437 of 2019 and Crl.M.P.No.1597 of 2019 1.V.S.Yuvaraj 2.S.Mythili ... Petitioners Vs.

1.The State represented by The Inspector of Police, C1, All Women Police Station, Sriperumbudur, Kancheepuram District.

2.A.Hemalatha ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, pleased to call for the records in Crime No.5 of 2018 pending on the file of the 1st respondent police and quash the same.

For Petitioners : Mr.G.Prabhakaran For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.G.Balasubramanian

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in Crime No.5 of 2018, on the file of the respondent police, for an alleged offence under Section 498(A) of IPC.

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. A Joint Memo of Compromise has been filed by the petitioner before this Court which has been signed by the https://hcservices.ecourts.gov.in/hcservices/

petitioners and the second respondent and also by their respective counsel. In order to identify the respective parties they have also produce the copy of the Aadhaar Card is 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.

4. Under such circumstances, no useful purpose will be served in keeping the First Information Report is pending before the respondent police. 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.5 of 2018, pending on the file of the respondent police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.5 of 2018, on the file of the respondent police, is quashed and the terms of Joint Memo of Compromise of the petitioners which shall form part and parcel of this order. Consequently, the connected miscellaneous petition is also closed.

Xerox Copy of the Joint Memo of Compromise enclosed Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar rpl To 1.The Inspector of Police, C1, All Women Police Station, Sriperumbudur, Kancheepuram District.

2.The Public Prosecutor High Court of Madras.

+2cc to Mr.G.Prabakaran, Advocate SR.No.9533 Crl.O.P.No.2437 of 2019 and Crl.M.P.No.1597 of 2019 GMR(CO) GMY(01/03/2019) https://hcservices.ecourts.gov.in/hcservices/