Irfan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.2622 of 2020

1. Ifran

2. Mydeen Azni Fathima

3. Imran ... Petitioners Vs.

1. State rep by Inspector of Police, W-27, All Women Police Station, Vadapalani, Chennai-600 081.

2. Shivani @ Ayesha

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to permit the petitioner and the defacto complainant to compromise the above case, since the matter has been amicably settled between themselves. For Petitioners :Mr.C.Mohan Raj For Respondents :Mr.M.Mohammed Riyaz Additional Public Prosecutor for R1 : Mr.G.K.Veerasekaran for R2

O R D E R

This petition has been filed by the petitioners/accused 1-3 to permit the 1st petitioner and the defacto complainant to compromise the above case, since the matter has been amicably settled between themselves.

2. The second respondent, who is the defacto complainant has lodged a complaint against the petitioners and based on the same, the first respondent has registered an FIR in Crime No.12 of 2019 under Sections 417, 420, 294(b), 323 and 506(i) of IPC and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, 2002.

https://hcservices.ecourts.gov.in/hcservices/

3. 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.

4. A joint memo of Compromise, dated 07.02.2020, has been filed before this Court which has been signed by the petitioners and the 2nd respondent and also by their respective counsel. The petitioners and the 2nd respondent also present in person before this Court. This Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves.

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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the Case in Crime No. 12 of 2019 on the file of the first respondent police.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.12 of 2019 on the file of the first respondent, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order. (* Xerox Copies enclosed along with Memo of Compromise) s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar Vv To

1. The Inspector of Police, W-27, All Women Police Station, Vadapalani, Chennai-600 081.

2. The Public Prosecutor, High Court, Madras.

+1 CC to Mr.C.Mohan Raj, Advocate sr 10828.

CRL.O.P.No.2622 of 2020 SP(12/03/2020) https://hcservices.ecourts.gov.in/hcservices/