Dr.Vivek v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4163 of 2021 Dr.Vivek Petitioner vs.

1. The State Rep. by The Inspector of Police, W-19, All Women Police Station, Adyar, Chennai.

(Crime No.12 of 2020)

2. Dr.PadmaPriya Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.12 of 2020 on the file of the Inspector of Police, W-19, All Women Police Station, Adyar, Chennai and quash the same. For Petitioner : Mr.M.Mohammed Rafi For Respondents: Mr.M.Mohammed Riyaz Additional Public Prosecutor for R1

ORDER

The Criminal Original Petition has been filed to call for the records in Crime No.12 of 2020 on the file of the Inspector of Police, W-19, All Women Police Station, Adyar, Chennai and quash the same.

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. A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the respondent and also by their respective counsel. The petitioners and the second respondent were also present they were identified by Ms.Sudha, Inspector of Police, W19, All Women Police Station, Adyar, Chennai. In the affidavit it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.12 of 2020. 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 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.12 of 2020 pending on the file of the Inspector of Police, W19, All Women Police Station, Adyar, Chennai.

5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.12 of 2020, on the file of the Inspector of Police, W19, All Women Police Station, Adyar, Chennai pending, is quashed and the terms of compromise shall form part and parcel of this order.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Encl:Xerox Copy of the Joint Memo of Compromise. ssr To

1. The Inspector of Police, W-19, All Women Police Station, Adyar, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Mohammed Rafi, Advocate Sr.No.15088 Crl.O.P No.4163 of 2021 PMK(CO) NR 21/04/2021 https://hcservices.ecourts.gov.in/hcservices/