Silambarasan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Silambarasan S/o.Venkatesaperumal ... Petitioner Vs.

1.State represented by The Inspector of Police, Nemili Police Station, Ranipet District.

2.Jayanthi W/o.Karunakaran 3.Rajarajeshwari W/o.Silambarasan ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for records relating to Crime No.134 of 2013 on the file of first respondent police for an offence u/s.366(A) IPC and quash the same. For Petitioner : Mr.R.Sasikumar For Respondents : Mr.A.Gopinath Government Advocate [Crl.side] [R1] *****

O R D E R

This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.134 of 2013 on the file of first respondent police.

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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 Compromise Memo dated 24.01.2024 signed by both parties and their respective counsel and affidavits of respondents 2 and 3 have been filed before this Court. The petitioner and respondents 2 and 3 were also present in person before this Court and they were identified by Mr.P.Sankar, Special Sub-Inspector of Police, Nemili Police Station, Ranipet District [94981 48929]. In the Joint Memo of Compromise and in the affidavits, it has been stated that the petitioner and second respondent have entered into a compromise and amicably settled their issues in Crime No.134 of 2013 on the file of first respondent police. 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 case pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the 2/4

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 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.134 of 2013 on the file of first respondent police.

This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.134 of 2013 on the file of first respondent police, is quashed and the terms of Joint Compromise Memo dated 24.01.2024 and the terms of affidavit shall form part and parcel of this order.

09.02.2024 Speaking Order/Non-speaking Order Index :Yes/No gm 3/4

N.ANAND VENKATESH, J.

gm To 1.The Inspector of Police, Nemili Police Station, Ranipet District.

2.The Public Prosecutor, High Court, Madras.

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