P.K.Logash v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.P.K.Logash 2.P.Kulothhuliba 3.Vijayalakshmi ... Petitioners Vs.

1.State rep.by The Inspector of Police, W-18, All Women Police Station, M.K.B.Nagar, Chennai.

(Cr.No.15 of 2023) 2.Ishwarya ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in FIR in Cr.No.15/2023 dated 23.08.2023 pending before the 1st respondent Police and quash the same.

For Petitioners : Mr.V.G.Velmurugan For RR1 : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.15 of 2023, pending on the file of the 1st respondent. 1/4

2. The learned Additional Public Prosecutor on instructions submitted that the investigation was completed and final report was filed before the Additional Mahila Court, Egmore, on 20.12.2023 and the same is yet to be taken on file. However, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The Joint Memo of Compromise dated 04.02.2024 has been filed before this Court which have been signed by the petitioners and the 2nd respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mrs.P.Uma Suganthi, W-18, All Women Police Station, M.K.B.Nagar, Chennai. [Mobile: 9498130292]. In the joint compromise memo it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.15 of 2023. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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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 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.15 of 2023, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.15 of 2023, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. Since the FIR has been quashed on the ground of compromise, there shall be a direction to the Additional Mahila Court, Egmore, not to act upon the final report.

08.02.2024 Speaking Order/Non-speaking Order Index :Yes/No sk 3/4

N.ANAND VENKATESH, J.

sk To 1.The Inspector of Police, W-18, All Women Police Station, M.K.B.Nagar, Chennai.

2.The Public Prosecutor, High Court, Madras.

Copy to:

The Additional Mahila Court, Egmore 08.02.2024 4/4