Mangilal v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.17576 OF 2021 AND CRL.M.P.NO.9653 OF 2021 Mangilal ... Petitioner/Defacto Complainant

Versus

1. State Rep. by The Inspector of Police, C-2, Elephant Gate Police Station, Chennai.

... Respondent/Complainant

2. Dinesh Kumar

3. Rajesh Kumar ... Respondents 1 & 2/Accused PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to accept affidavit and quash the proceedings in Crime No.149 of 2020 on the file of the respondent police.

For Petitioner : Mr.S.Sarath Chandran For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1

O R D E R

The Criminal Original Petition has been filed to accept affidavit and quash the proceedings in Crime No.149 of 2020 on the file of the respondent police.

2. The case of the prosecution is that the petitioner's daughter, namely Pooja and the second respondent herein were in love with each other and during that time some photos and videos are taken by them personally. Later, the second respondent with the help of third respondent attempted to extort money from the petitioner using those photos. Hence, on the complaint of the petitioner, FIR came to be registered in Crime No.149 of 2020 against the respondents 2 and 3.

3. The learned counsel for the petitioner submitted that the problem between the petitioner and the respondents 2 and 3 are now resolved. The personal videos and photos taken by the second respondent were deleted in the presence of the petitioner's family. Since continuing the criminal proceedings will only cause mental agony to the petitioner's family and future life of his daughter, the petitioner and his daughter want to withdraw the complaint. Hence, the petitioner has filed this petition to quash the FIR in Crime No.149 of 2020.

4. The case is still at the stage of investigation. By passage of time, the parties have decided to compromise the dispute amicably among themselves.

5. The Affidavits dated 29.10.2021 and 30.10.2021, were filed by the petitioner and his daughter, respectively before this Court. The petitioner present through Video conferencing. In the affidavits, it has been stated that the respondents 2 and 3 had deleted the personal photos and videos of the petitioner's daughter and he entered into a compromise and amicably settled the issues in Crime No.149 of 2020. This Court also enquired the petitioner and satisfied that the petitioner has come to an amicable settlement with the respondents 2 and 3.

6. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending. Even though, the offence involved is 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., inclined to quash the First Information Report in Crime No.149 of 2020.

7. In the result, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.149 of 2020, on the file of the 1st respondent police, is quashed. Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar dna To

1. The Inspector of Police, C-2, Elephant Gate Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.17576 of 2021 and CRL.M.P.No.9653 of 2021 MG(CO) RLP(24/11/2021)