Kalaselvi v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P No.5456 of 2024

1. Kalaiselvi

2. Indira Kumar ..Petitioner Vs.

1.The Superintendent of Police, PCR Cell, Puducherry

2. The Inspector of Police, PCR Cell, Puducherry

3. Bakkialakshmi @ Pakialatchumi

...Respondent/Defacto complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to withdraw the complaint and subsequently prayed to quash the FIR pending in PCR cell, Puducherry vide Crime No.03/2022 dated 29.08.2022 under Section 3 (1) (r) (s) of SC/ST (POA) Act of 1989 (New Amendment Act 2018) r/w.Section 34 of IPC.

For Petitioners : Mr.G.Thiyagarajan For Respondents 1 : Mr.K.S.Mohandoss Public Prosecutor (P)

ORDER

The Criminal Original Petition has been filed to quash the first information report in Crime No.03/2022 on the file of the 2nd 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 02.12.2023 has been filed by the petitioners and the 2nd respondent/de-facto complainant before this Court. The petitioners and the third respondent were also present in person before this Court. In the Memo, it has been stated that the petitioners and the third respondent have entered into a compromise and amicably settled their issues in Crime No.03 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 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.03 of 2022, on the file of the 1st respondent Police.

5.

This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.03 of 2022, on the file of the 2nd respondent police, is quashed and the terms of Memo shall form part and parcel of this order. 13.03.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka N. ANAND VENKATESH, J.

rka

To 1.The Superintendent of Police, PCR Cell, Puducherry

2. The Inspector of Police, PCR Cell, Puducherry 3.The Public Prosecutor, High Court, Madras.

Crl.O.P No.5456 of 2024 13.03.2024