Palani Kumar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.5191 of 2024 1.Palani Kumar 2.M.Karuppaiah 3.Revathy 4.Ramar 5.Kaleeswari .. Petitioners/Accused 1&2 vs.
1.The State of Tamil Nadu Rep.by Inspector of Police All Women Police Station Madhavaram, Chennai.
.. Complainant 2.District Social Welfare Officer Chennai District Social Welfare Office 8th Floor, Singaravelar Maligai Chennai.
.. Respondent/De facto complainant 3.Surya Prabha ..Respondent/Victim PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the pertaining to the Cr.No.12 of 2021, on the file of the 1st respondent and quash the same.
For Petitioners : Mr.Charles Kamalesh M.Appaji For Respondents : Mr.A.Gopinath Government Advocate for R1
ORDER
The Criminal Original Petition has been filed seeking to quash the FIR in Crime No.12 of 2021, pending on the file of the 1st respondent police.
2. The case is still in 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 victim girl was present before this Court and she stated that she married the 1st petitioner on 7.5.2021 and she is living happily with the petitioner. The victim girl came along with her parents and the victim girl requested this court to close the criminal proceedings.
4. A Joint Compromise Memo dated 28.2.2024, signed by both the petitioners, 2nd respondent, victim girl and their respective counsel, has been filed before this Court. The petitioners, 2nd respondent/de facto complainant and the victim girl were also present in person before this Court. In the joint compromise memo, it has been stated that the petitioners, 2nd respondent and the victim girl have entered into a compromise and amicably settled their issues in Crime No.12 of 2021, pending on the file of the 1st respondent.
5. 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 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, quash the FIR in Crime No.12 of 2021, pending on the file of the 1st respondent.
5. This Criminal Original Petition stands allowed and as a sequel, investigation in Crime No.12 of 2021, pending on the file of the first respondent, is hereby quashed and the terms of Joint Compromise Memo shall form part and parcel of this order.
04.03.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp To 1.Inspector of Police All Women Police Station Madhavaram Chennai.
2.District Social Welfare Officer Chennai District Social Welfare Office 8th Floor, singaravelar Maligai Chennai.
3. The Public Prosecutor, High Court of Madras, Madras.
N. ANAND VENKATESH, . J.
kp Crl.O.P No.5191 of 2024 04.03.2024