N.Arjun v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH N.Arjun ... Petitioner Vs.

1.The State Rep. by The Inspector of Police All Women Police Station, Ammapet, Crime No.56 of 2023 Salem City.

2.Tanvi Jalmi ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to quash the FIR in Crime No.56 of 2023 pending investigation on the file of the first respondent police/ AWPS, Ammapet, Salem City by recording the Joint Memorandum of Compromise dated 29.01.2024 entered into between the petitioner and the second respondent.

For Petitioner : Mr.N.Manoharan For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side) 1/4

O R D E R

The criminal original petition has been filed seeking to quash the F.I.R. in Crime No.56 of 2023, pending on the file of the first 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 Memorandum of Compromise dated nil has been filed before this Court which have been signed by the petitioner and the second respondent before their respective Advocate & Notary. The petitioner and the second respondent were also present in person before this Court and they were identified by Ms.K.Dhanalakshmi, Women Head Constable, AWPS, Ammapet, Salem. In the Joint Memorandum of Compromise it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.56 of 2023. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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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 Supreme Court in The State of Madhya Pradesh Vs. 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.56 of 2023, on the file of the first respondent Police.

5.This criminal original petition stands allowed and as a sequel, the proceedings in Crime No.56 of 2023, on the file of the first respondent police, is quashed in entirety and the terms of Joint Memorandum of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.2,500/- (Rupees Two Thousand and Five Hundred Only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, 3/4

N.ANAND VENKATESH,J.

pri IFSC Code:IDIB000M157), 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. 16.02.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Inspector of Police All Women Police Station, Ammapet, Salem City.

Crime No.56 of 2023 2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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