Adambasha v. The Inspector Of Police (Crimes)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.4378 of 2024 1.Adambasha 2.Abu Kithab 3.Nousheen Begum .. Petitioners Vs.

1.The Inspector of Police (Crimes), F-1, Chintadripet Police Station, Chennai - 600 002.

(Crime No.183/2023) 2.D.Sundar .. Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records relating to the case in Crime No.183 of 2023 for the alleged offence punishable under Sec.403, 406, 420, 120B IPC dated 15.09.2023 on the file of the 1st respondent Police and quash the same.

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For petitioner :

Mr.K.A.Mariappan For R1 :

Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.183 of 2023, pending on the file of the 1st respondent. 2.The case is still at the stage of investigation. The parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.The Joint Memo of Compromise dated 01.02.2024 has been filed before this Court which have been signed by the petitioners and the 2nd respondent. The 1st petitioner and the 2nd respondent were also present in person before this Court and they were identified by Mr.K.Pandurangan, HC 47273, F1 Chindatripet Crime Police Station, (Mobile No.83000 17119). In the Joint Memo of Compromise dated 01.02.2024 it has been stated that the petitioners and the 2nd respondent had entered into a compromise and amicably settled their issues in Crime No.183 of 2023. This Court also enquired both the parties and was satisfied that the 2/5

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.183 of 2023, on the file of the 1st respondent. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.

183 of 2023, on the file of the 1st respondent police, is quashed and the terms of Joint Memo of Compromise dated 01.02.2024 shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.

Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, the connected Miscellaneous Petition is closed.

6.Post this case under the caption 'For Reporting Compliance' on 01.04.2024.

12.03.2024 krk Index : Yes / No Internet : Yes / No : Yes / No NOTE: Issue order copy on 18.03.2024.

N.ANAND VENKATESH, J.

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krk To 1.The Inspector of Police (Crimes), F-1, Chintadripet Police Station, Chennai - 600 002.

2.The Public Prosecutor, Madras High Court, Chennai.

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