Madras High CourtCRL OP/4622/2024allowed

S.Arokiyasamy v. The State Rep.By

2024-02-28Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4622 of 2024 1.S.Arokiyasamy 2.A.Sesuraja 3.A.Rajammal .. Petitioners/Accused 1-3 vs.

1.State rep.by The Inspector of Police H-1, Washermenpet Police Station Chennai 600 021.

..Respondent/Complainant (Crime No.100 of 2022) 2.Hemalatha .. Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the FIR in Cr.No.100/2023 on the file of the 1st respondent and quash the same.

For Petitioners : Mr.C.V.Kumar For Respondents : Mr. A.Gopinath Government Advocate for R1

ORDER

The Criminal Original Petition has been filed seeking to call for the records and quash the FIR in Crime No.100/2023, pending on the file of the 1st respondent police.

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. A Joint Compromise Memo dated 6.2.2024, signed by both the petitioners and the 2nd respondent and their respective counsel, has been filed before this Court. In order to identify the respective parties they have also produce the copy of the Aadhaar Card is made part of the record. The petitioners and the 2nd respondent/de facto complainant were also present in person before this Court. In the joint compromise memo, it has been stated that the petitioners and the 2nd respondent have entered into a compromise and amicably settled their issues in Crime No.100 of 2023, pending on the file of the 1st respondent.

4. Under such circumstances, no useful purpose will be served in keeping the case 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 Supreme 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, quash the FIR in Crime No.100 of 2023, pending on the file of the 1st respondent.

5. This Criminal Original Petition stands allowed and as a sequel,

investigation in Crime No.100 of 2023, pending on the file of the first respondent, is hereby quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.500/- (Rupees five hundred only) as costs, to the credit of the President, Tamil Nadu Advocate's Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of two weeks from the date of receipt of copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. 6.Post this case for reporting compliance on 19.3.2024. 28.02.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp Note: Issue order copy on 6.3.2024 To 1.The Inspector of Police H-1, Washermenpet Police Station Chennai 600 021.

2. The Public Prosecutor, High Court of Madras, Madras.

N. ANAND VENKATESH, . J.

Crl.O.P No.4622 of 2024 28.02.2024