Mohammad Sadath v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.18645 of 2019 Mohammed Sadath

...Petitioner

Vs.

1. State Rep. by The Inspector of Police, All Women Police Station, Ranipet.

2.Huda Noorain

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the FIR in Crime No.03 of 2018 on the file of AWPS, Ranipet, Vellore District.

For Petitioner : Mr.C.Gunasekaran For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.E.Angayarkani

ORDER

This Criminal Original Petition has been filed to call for the records in Crime No.03 of 2018, pending on the file of the Inspector of Police, All Women Police Station, Ranipet, Vellore District, Which was registered against the petitioner for an alleged offence under Section 6 of the POCSO Act and Sections 294(b) and 506(i) of IPC.

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 Memorandum of understanding has been filed by the petitioner and an affidavit dated 18.07.2019 has been filed by the defacto complainant/2nd respondent before this Court. In order to identify the respective parties, https://hcservices.ecourts.gov.in/hcservices/

they have also produced the copy of the Aadhaar Card and is made part of the record. 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 F.I.R., 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 Crime No.3 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.03 of 2018, on the file of the Inspector of Police, All Women Police Station, Ranipet, Vellore District, is quashed and the terms of Memorandum of understanding and affidavit filed by the second respondent in the typed set of papers along with this petition shall form part and parcel of this order. The petitioner shall pay a sum of Rs.500/- (Rupees Five Hundred only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

*Here in enclosed the Memorandum of understanding and affidavit Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar msrm/rka To

1. The Inspector of Police, All Women Police Station,Ranipet,Vellore District. 2.The Public Prosecutor, High Court,Madras.

Copy to: The Section Officer,Accounts Section, High Court,Madras +1cc to Mr.C.Gunasekaran , Advocate SR.No. 61187 +1cc to Mr.E.Angayarkani , Advocate SR.No. 61620 Crl.O.P.No.18645 of 2019 A.SK(23/07/2019) https://hcservices.ecourts.gov.in/hcservices/