Janakiraman v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P.No.4531 of 2021 and Crl.M.P.No.2899 of 2021

1. Janakiraman

2. Murugavel

3. Mageshwari @ Malliswari

...Petitioners

Versus

1.The State represented by its Inspector of Police, All Women Police Station, Vellore District.

Crime No.6 of 2019 ...1st Respondent/Complainant 2.Buvaneswari ...2nd Respondent/Defacto-Complainant This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code praying to call for the records relating to the case in Crime No.6 of 2019 on the file of the first respondent police and quash the same.

For Petitioners :

Mr.R.Sasikumar For Respondents :

Mr.C.Raghavan R1 Government Advocate (Crl. Side) Mr.B.Gunasekaran for R2

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.6 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.

3. The Affidavit dated 16.02.2021 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present before this court at the time of hearing and they were identified by Mrs.T.M.T.Punitha, Inspector of Police, All Women Police Station, Arakonam. 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. In the affidavit it has been https://hcservices.ecourts.gov.in/hcservices/

stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.6 of 2019. 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), and after exercising due caution as advised by the Hon'ble Suprme 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 2019, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.6 of 2019, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar Enclose: Xerox Copy of Joint Compromise Memo. To

1. The Inspector of Police, All Women Police Station, Vellore District.

2. The Public Prosecutor, High Court of Madras.

+2cc to Mr.R.Sasikumar, Advocate, S.R.Nos.14542 & 14541. Crl.O.P.No.4531 of 2021 and Crl.M.P.No.2899 of 2021 SSN(CO) CSR 30.03.2021 https://hcservices.ecourts.gov.in/hcservices/