Afsar Ali v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.3079 of 2024 Afsar Ali S/o.Anvar ... Petitioner Vs.

1.State represented by Inspector of Police, W-10 All Women Police Station, Flower Bazaar Police Station, Chennai - 600 001.

2.XXX ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records and quash the complaint in Crime No.6 of 2022 on the file of first respondent insofar as the petitioner is concerned.

For Petitioner : Mr.V.T.Narendiran For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] Mr.P.K.Rajangam [R2] *****

O R D E R

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The name of the de facto complainant shall be redacted taking into consideration her interest in this case.

2. This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.6 of 2022 pending on the file of first respondent.

3. 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.

4. A Joint Compromise Memo dated 12.02.2024 signed by both parties and affidavit of second respondent have been filed before this Court. The father of the de facto complainant was present before this Court and he was identified by Ms.S.Bharathi, Sub-Inspector of Police, W-10 All Women Police Station, Flower Bazaar Police Station [94981 26217]. In the Joint Memo of Compromise and in the affidavit, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.6 of 2/4

2022 pending on the file of first respondent.

5. The father of the de facto complainant stated that his daughter is already married and she is living with her family abroad. He further stated that he is not interested in prosecuting this case any further. He has also given a letter in that regard to the respondent police and a copy of the same has also been placed before this Court. This Court was satisfied that the parties have come to an amicable settlement between themselves.

6. Under such circumstances, no useful purpose will be served in keeping the case 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 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.6 of 2022 pending on the file of first respondent.

N.ANAND VENKATESH, J.

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gm This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.6 of 2022 pending on the file of first respondent, is quashed and the terms of Joint Compromise Memo dated 12.02.2024 and the terms of affidavit shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed. 23.02.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To 1.The Inspector of Police, W-10 All Women Police Station, Flower Bazaar Police Station, Chennai - 600 001.

2.The Public Prosecutor, High Court, Madras.

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