A.Gautham v. The State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P.No.5056 of 2021 A.Gautham ... Petitioner/Sole Accused

Versus

1.The State represented by its Inspector of Police, Central Crime Branch I-Police Station, Chennai-600 007.

...1st Respondent/Complainant

2. R.Shalini ...2nd Respondent/ Defacto-Complainant This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code praying to call for the records and to quash the FIR in Crime No.225/2019 on the file of the first respondent at the Central Crime Branch-I Police Station, Chennai-CCB.

For Petitioners :

Mr.M.Leo Prabhu For Respondents :

Mr.M.Mohamed Riyaz R1 Addl. Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.225 of 2019 , pending on the file of the 1st respondent.

2. The case is still at 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 Memorandum of Compromise dated 19.02.2021 has been filed before this Court. The petitioner and the second respondent were also present before this Court at the time of hearing and they were identified by Mr.Vinoth kumar, Inspector https://hcservices.ecourts.gov.in/hcservices/

of Police, CCB-I Police Station, Chennai. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card and it is made part of the record. In the memorandum of compromise, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.225 of 209. 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.225 of 2019, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.225 of 2019, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar RLI To

1. The Inspector of Police, Central Crime Branch I-Police Station, Chennai-600 007.

2. The Public Prosecutor, High Court of Madras.

+1cc to Mr.M.Leo Prabhu, Advocate, S.R.No.17103 Crl.O.P.No.5056 of 2021 GPL(CO) TE (27/04/2021) Encl: Xerox Copy of Compromise Memo https://hcservices.ecourts.gov.in/hcservices/