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Madras High CourtCRL OP/4309/2024allowed

Dr.C.Selvakumar v. State Through

2024-02-22Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4309 of 2024 1.Dr.C.Selvakumar 2.A.Chakravathi 3.C.Kalaiselvi Petitioners vs.

1. The State Rep. by The Inspector of Police, W-23, Royapettah Police Station, (AWPS) Chennai - 14.

(Crime No.2 of 2023)

2. Dr.M.Aswini Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records in Crime No.2 of 2023 pending investigation on the file of the 1st respondent, compromise and quash the same. For Petitioner : Mr.R.Ganesh Kumar For Respondents : Mr.A.Gopinath Government Advocate for R1 Mr.D.Pradeepkumar for R2

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.2 of 2023, 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 petitioners and the 2nd respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.M.Muthulakshmi, WHC 27712, W-23, AWPS Police Station, Royapettah, Chennai [9498113869]. In the joint compromise memo it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.2 of 2023. 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.2 of 2023, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.2 of 2023, 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 To

1. The Inspector of Police, W-23, Royapettah Police Station, (AWPS) Chennai - 14.

2. The Public Prosecutor, Puducherry.

N. ANAND VENKATESH, J.

ssr Crl.O.P No.4309 of 2024 22.02.2024