Silambarasan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Silambarasan 2.Devaraj 3.Pazhaniammal ... Petitioners Vs.

1.State represented by the Inspector of Police Kelambakkam Police Station, Pallikaranai District.

2.Saranya Devi ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records pertaining to Crime No.351 of 2023 on the file of the Inspector of Police, Kelambakkam Police Station, Pallikaranai District and quash the same.

For Petitioners : Mr.M.D.Thirunavukkarasu For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side)

O R D E R

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The criminal original petition has been filed seeking to quash the F.I.R. in Crime No.351 of 2023, pending on the file of the first respondent.

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 Compromise Memo dated 01.02.2024 has been filed before this Court which have been signed by the petitioners and the second respondent and also by the learned counsel for the petitioners. The petitioners 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 petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.351 of 2023.

4.Under such circumstances, no useful purpose will be served in keeping the First Information Report pending, even though, the 2/4

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 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.351 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.351 of 2023, 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. 27.03.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

N.ANAND VENKATESH,J.

pri To 1.The Inspector of Police Kelambakkam Police Station, Pallikaranai District.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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