Shahid v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2021 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

1. Mr.Shahid

2. Mrs.Anoosha Shahid .. Petitioners Vs.

1. The State Rep. by Inspector of Police, R-8, Vadapalani Police Station, Chennai - 600 026.

2. Mrs.Shabana .. Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in Crime No.540 of 2020 pending on the file of the Inspector of Police, R-8, Vadapalani Police Station and quash the same.

For Petitioners : Mr.G.Abraham Prabhu For Respondent No.1 : Mr.M.Mohamed Riyas, Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.540 of 2020, pending on the file of the 1st respondent.

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. The Joint affidavit dated 01.02.2021 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present in person and they were identified by Mr.Thanikachalam, Sub Inspector of Police, R-8, Vadapalani Police Station, Chennai - 600 026. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and it is made part of the record. In the affidavit it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.540 of 2020. 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.540 of 2020, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.540 of 2020, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order.

Consequently, the connected Miscellaneous Petitions are also closed.

23.02.2021 Index :Yes/No Internet:Yes/No rka To

1. The Inspector of Police, R-8, Vadapalani Police Station, Chennai - 600 026.

2. The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J.

rka 23.02.2021