M. Parish v. State Rep.By Its The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

1. Parish

2. Avanesh Kumar

3. Sujatha .. Petitioners

Versus

1. The State Rep. by its The Inspector of Police, K-8 Arumbakkam Police Station, Arumbakkam, Chennai - 600 106.

Now transferred to W-7 All Women Police Station, Anna Nagar, Chennai.

2. Vasude van .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.363 of 2018 pending on the file of the respondent Police, quash the same filed against the petitioners.

For Petitioners : Mr.G.Murugesh Kumar For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side) 1/5

for R1 : M/s.N.Vinothini for R2

ORDER

The Criminal Original Petition has been filed to quash the F.I.R in Crime No.363 of 2018, pending on the file of the first respondent.

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

3. The affidavit dated 21.02.2023 of the second respondent / de-facto complainant and the joint memo of compromise entered into between the parties have been filed before this Court. The petitioners are present in person before this Court and the second respondent / de-facto complainant and one Viji, wife of the first petitioner have appeared through video conferencing and they were identified by Mrs.Bharani, Inspector of Police, W-7 - Anna Nagar All Women Police Station, Chennai. In the affidavit, it has been stated that the parties had entered into a compromise and amicably settled their issues in Crime No.363 of 2018. This Court also enquired both 2/5

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 Supreme Court in The State of Madhya Pradesh Vs. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 of Cr.P.C., quashes the First Information Report in Crime No.363 of 2018, on the file of the first respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.363 of 2018, on the file of the first respondent Police, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioners shall pay a sum of Rs.2,500/- (Rupees Two thousand five hundred only) each as costs, to the credit of the President, 3/5

Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of one week from today and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

12.07.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Public Prosecutor, High Court of Madras.

2. The Inspector of Police, K-8 Arumbakkam Police Station, Arumbakkam, Chennai - 600 106.

3. The W-7 All Women Police Station, Anna Nagar, Chennai.

4/5

N.ANAND VENKATESH, J.

grs 12.07.2023 5/5