R.Saravanan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2021

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.OP.No.4900 of 2021 and Crl.MP.No.3166 of 2021 1.R.Saravanan 2.Dr.Chandra

...Petitioners

.Vs.

1.State rep.by The Inspector of Police, Sooramangalam All Women Police Station, Salem District.

(Crime No.49 of 2019) .1sr Respondent/ Complainant 2.Dr.K.Rajendran .. 2nd Respondent/ De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.42 of 2020, pending on the file of the Inspector of police, Sooramangalam All Women Police Station, Salem District and quash the same.

For Petitioners: Mr.T.R.Ravi for M.Muthappan For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor for R 1 Mr.B.Vasudevan for R 2

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.42 of 2019, pending on the file of the 1st respondent.

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

3. The Affidavit dt.15.03.2021 and compromise memo dt.15.03.2021, have been filed by both parties before this Court which have been signed by the petitioners and the 2nd respondent and also by their respective counsel. The petitioners and the 2nd respondent were also present in person before this Court. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and it is made part of the record. 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 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., quash the First Information Report in Crime No.42 of 2019, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, investigation in Crime No.42 of 2019, on the file of the 1st respondent police, is hereby quashed and the terms of Compromise Memo as well as affidavit of both parties, shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed. *Xerox copy of the Memo of Compromise & Affidavit of both parties enclosed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar KP To 1.The Inspector of Police, Attur All Women Police Station, Salem District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.R.Ravi, Advocate SR.16765 +1cc to Mr.B.Vasudevan, Advocate SR.16975 +3cc to Mr.M.Muthappan, Advocate SR.16681 Crl.OP.No.4900 of 2021 MP(CO) CB(22/03/2021) https://hcservices.ecourts.gov.in/hcservices/