Sengammal v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4113of 2020 Sengammal, W/o. Anbazhagan, No.4. 1st street, Parameswaran Nagar, Adambakkam, Chennai.

...Petitioner/Single Accused

Vs.

1. The State rep. by The Inspector of Police, Adambakkam Police Station, St.Thomas Mount, Chennai (Crime No.457 of 2017)

2. Kavitha, W/o. Moorthy, No.10, 5th Street, Parameswaran Nagar, Adambakkam, Chennai-600 088.

...Respondents/Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.457 of 2017 on the file of first respondent and quash the same. For Petitioner : No appearance For R1 : Mr.S. Karthikeyan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.457 of 2017 on the file of first respondent.

2.

The case is still in the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.

The affidavit has been filed before this Court on 11.02.2020 which have been signed by the second respondent and also by their respective counsel. All the parties are present and identified by their respective counsel and the police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are 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 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.457 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.457 of 2017, on the file of the Inspector of Police, Adambakkam Police Station, St.Thomas Mount, Chennai, is quashed and the affidavit filed by the second respondent shall form part & parcel of this Order. The petitioner shall pay a sum of Rs.10,000/-, as costs, to the Chief Justice Relief Fund, within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar vsn To 1.The Inspector of Police, Adambakkam Police Station, St.Thomas Mount, Chennai 2.The Public Prosecutor, High Court, Madras.

3.The Section Officer, Account Section, High Court, Madras.

Crl.O.P.No.4113of 2020 SR(CO) KKV/12/10/2020