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Madras High CourtCRL OP/4701/2022allowed

U.Ravi Varman v. State Rep By

2023-07-31Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.4701 of 2022

1. U.Ravi Varman

2. Uma Shankar

3. Jansi Rani

4. U.Aravind .. Petitioners Vs.

1. State by Inspector of Police, W.18 All Women Police Station, M.K.B.Nagar, Chennai - 600 039 Crime No.28 of 2021

2. Divya ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in Crime No.28 of 2021 on the file of the Inspector of Police, All Women Police Station, M.K.B.Nagar Police Station, Vysarpadi, Chennai - 39, and quash the proceedings therein as against the petitioners herein. 1/5

For Petitioners : Mr.J.Ramesh For Respondent No.1 : 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.28 of 2021, pending on the file of the 1st 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 affidavit of the 2nd respondent / defacto complainant has been filed before this Court. The petitioners and the second respondent were also present in person before this Court and they were identified by Mrs.S.Sowmiya, Women Head Constable, W18, All Women Police Station, MKB Nagar, Chennai. In the affidavit, it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in 2/5

Crime No.28 of 2021. 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 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), and after exercising due caution as advised by the Hon'ble Suprme 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.28 of 2021, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.28 of 2021, on the file of the 3/5

1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. Consequently, the connected miscellaneous petitions are closed.

31.07.2023 Index : Yes/No Speaking order:Yes/No rka Note : Issue order copy on 08.08.2023 To

1. The Inspector of Police, W.18 All Women Police Station, M.K.B.Nagar, Chennai - 600 039

2. The Public Prosecutor High Court of Madras Madras.

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N.ANAND VENKATESH, J rka Crl.O.P.No.4701 of 2022 31.07.2023 5/5