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Madras High CourtCRL OP/3274/2024allowed

M.Yuvaraj @ Seenu v. State Rep By

2024-02-16Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Yuvaraj @ Seenu ... Petitioner Vs.

1.State represented by:- The Inspector of Police Kumaran Nagar Police Station (R-6), Chennai.

(Crime No.72 of 2023) 2.P.Bakiyalakshmi @ Shalini ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records relating to Crime No.72 of 2023 on the file of respondent no.1/ Complainant and quash the same.

For Petitioner : M/s.Vignesh For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side)

O R D E R

The criminal original petition has been filed seeking to quash the F.I.R. in Crime No.72 of 2023, pending on the file of the first respondent.

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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 Joint Memo of Compromise dated 06.02.2024 has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and they are made part of the record. In the joint compromise memo it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.72 of 2023. 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 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 2/4

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 Cr.P.C. quashes the First Information Report in Crime No.72 of 2023, on the file of the first respondent Police.

5.This criminal original petition stands allowed and as a sequel, the proceedings in Crime No.72 of 2023, on the file of the first respondent police, is quashed in entirety and the terms of Joint Memo of Compromise shall form part and parcel of this order. 16.02.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Inspector of Police Kumaran Nagar Police Station (R-6), Chennai.

(Crime No.72 of 2023) 2.The Public Prosecutor, High Court of Madras, 3/4

Chennai 600 104.

N.ANAND VENKATESH,J.

pri 16.02.2024 4/4