A.Gunasekaran v. Union Territory Of Puducherry
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4141 of 2024 A.Gunasekaran Petitioner vs.
1.Union Territory of Puducherry Represented by The Inspector of Police, Thirukanur Police Station, Puducherry.
2.XXXXXXX Rep. by her mother Mrs.Mariammal in the capacity as natural guardian Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the FIR in Crime No.13 of 2024 dated 07.02.2024 pending on the file of the Inspector of Police, Thirukanur Police Station, Puducherry, to compromise and quash the same. For Petitioner : Mr.K.Sasindran For Respondents : Mr.M.V.Ramachandramoorthi Additional Public Prosecutor (Puducherry) for R1
ORDER
The Criminal Original Petition has been filed to quash the FIR in Crime No.13 of 2024, 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 Joint Memo of Compromise has been filed before this Court which have been signed by the petitioner and the 2nd respondents and also by the petitioner's counsel. The petitioner and the 2nd respondents were also present in person before this Court and they were identified by Mr.I.Aroumougame, Sub Inspector of Police, Thirukanur Police Station, Puducherry. 4.The victim girl came along with her mother Mariammal. She stated that she married the petitioner and she is now nine months pregnant. She requested this Court to close the criminal complaint. In the joint compromise memo it has been stated that the petitioner and the 2nd respondents had entered into a compromise and amicably settled their issues in Crime No.13 of 2024. 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), 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.13 of 2024, on the file of the 1st respondent Police.
6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.13 of 2024, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. 22.02.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr
N. ANAND VENKATESH, J.
ssr 1.The Inspector of Police, SRMC All Women Police Station, Mangadu, Chennai - 600 122.
2.The Public Prosecutor, Puducherry.
Crl.O.P No.4141 of 2024 22.02.2024