Abishek Ashokan Nair v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.5906 of 2022 Abishek Ashokan Nair, S/o.Ashokan Muthirakkal ... Petitioner/Single Accused Vs

1. State Represented by The Inspector of Police, All Women Police Station, Madipakkam, Chennai.

(Crime No.16 of 2021) ... 1st Respondent/Complainant 2.Anisha, D/o.Joy ...2nd Respondents/Defacto complainant Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records relating to the FIR in Crime No.16 of 2021 pending on the file of the Inspector of Police, All Women Police Station, Madipakkam, Chennai and quash the same.

For Petitioner : Mr.D.Bennington For Respondents :

For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.16 of 2021, on the file of the first respondent, for the offences punishable under Sections 294(b), 506(i) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.

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 https://hcservices.ecourts.gov.in/hcservices/

Court, which have been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Mrs.S.Muthukamalakshi, the Inspector of Police, All Women Police Station, Madipakkam, Chennai. 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), this Court in exercise of its jurisdiction under Section 482 of Cr.P.C., quashes the First Information Report in Crime No.16 of 2021.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.16 of 2021, on the file of the first respondent police is quashed and the terms of joint compromise memo shall form part and parcel of this order.

Enclose xerox copy of joint memo of compromise. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar arb To

1. The Inspector of Police, All Women Police Station, Madipakkam, Chennai.

2. The Public Prosecutor, High Court of Madras.

+2cc to Mr.D.Bennington, Advocate, S.R.No.19619 Crl.O.P.No.5906 of 2022 SKM(CO) CT 08/04/2022 https://hcservices.ecourts.gov.in/hcservices/