Vidhya Sagkar R A v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2022

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.5476 of 2022 1.Vidhya Sagkar R.A.

2.Sandhya Rani 3.Rethina Kumar ... Petitioners Vs State Represented by 1.The Inspector of Police, W-8, All Women Police Station, Thirumangalam 2.R.Surya ... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.23 of 2021 pending on the file of the first respondent to quash the same.

For Petitioners : Mr.T.Muthukumar For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor for R1 No Appearance for R2

ORDER

This Criminal Original Petition has been filed, to call for the records in Crime No.23 of 2021 pending on the file of the first respondent, to quash the same in view of the compromise entered into both parties.

2. The case of the prosecution is that the de-facto complainant is the wife of the 1st petitioner and the petitioners 2 and 3 are the parents of the 1st petitioner. The allegation against the petitioners is that they had abused and harassed the defacto complainant/2nd respondent herein. The petitioners and the 2nd respondent have now arrived at a compromise pursuant to the mediation and the 2nd respondent has agreed not to pursue the case as against the petitioners. Hence, the 2nd respondent has no

objection to quash the FIR in Crime No.23 of 2021 on the file of the 1st respondent.

3. 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.

4. A Joint Memo of Compromise has been filed before this Court, which have been signed by the petitioners and the second respondent and also by their respective counsels. The petitioners and the second respondent were also present in person before this Court and they were identified as Mr.Vidhya Sagkar.R.A., Mrs.Sandhya Rani and Mr.Rethina Kumar and Mrs.R.Surya by the Inspector of Police, All Women Police Station, Thirumangalam, Chennai. This Court also enquired both the parties and was 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 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the First Information Report in Crime No.23 of 2021.

6. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.23 of 2021, on the file of the first respondent police is quashed and the terms of joint compromise memo shall form part and parcel of this order.

*Copy of the Joint Compromise Memo enclosed Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar vkr To 1.The Inspector of Police, W-8, All Women Police Station, Thirumangalam, Chennai District.

2.The Public Prosecutor, High Court of Madras.

+1cc to Mr.T.Muthukumar, Advocate SR.No.16007 Crl.O.P.No.5476 of 2022 GPL(CO) GMY(24/03/2022)