Muruga Prakesh v. The State Rep Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.4091 of 2024 and Crl.MP.No.3030 of 2024 1.Muruga Prakash 2.Jeeva 3.Ganeshamurthy 4.Mariselvan @ Mariselvam 5.Meena 6.Kasturi 7.Meena
...Petitioners / Accused 1 to 7
.Vs.
1.The State rep.by its The Inspector of Police All Women Police Station Tiruppur North Tiruppur District.
.. 1st Respondent /Complainant (Crime No.25 of 2023) 2.Selvi .. 2nd Respondent /De facto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the above First Information Report in Cr.No.25 of 2023 registered on the file of the 1st respondent police and quash the same.
For Petitioners : Mr.S.P.Meenakshi Sundharam For Respondents : Mr.A.Damodaran Government Advocate (Crl.Side) for R1
ORDER
This petition has been filed to quash the FIR in Crime No.25 of 2023, pending on the file of the 1st respondent.
2.When the matter came up for hearing on 23.2.2024, this Court passed the following order:
Mr.A.Damodaran, learned Additional Public Prosecutor, takes notice for first respondent.
2. Notice to second respondent returnable in four weeks. Private notice is also permitted.
3. There is some matrimonial dispute between the first petitioner and the second respondent and there are two daughters, aged about 14 years and 12 years respectively. They are taken care by the first petitioner. Learned counsel for petitioner also submitted that the first petitioner and the second respondent are now living under the same roof.
4. In the light of the above development, no useful purpose will be served in keeping the First Information Report pending. Hence, the parties can be referred to mediation to resolve this dispute. Post this case under the caption "for recording compromise" on 25.03.2024 at 02.15 p.m. In the mean time, the investigation shall be kept in abeyance.
3.When the matter was taken up for hearing today, the learned counsel for the petitioners and the learned counsel for the 2nd respondent submitted that the parties have amicably settled the dispute. A mediation report has also been received in this regard.
4.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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., to quash the FIR in Cr.No.25 of 2023, on the file of the 1st respondent. 5.This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.25 of 2023, pending on the file of the first respondent, is hereby quashed and the mediation report shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed. 26.03.2024 Index: Yes/No Speaking Order/Non Speaking Order kp
N.ANAND VENKATESH.,J kp To
1. The Inspector of Police All Women Police Station Tiruppur North Tiruppur District.
2.The Public Prosecutor High Court, Madras.
CRL.O.P No.4091 of 2024 26.03.2024