Mohamed Ajmal Aslam v. State Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Mohamed Ajmal ... Petitioner Vs

1. The State By, The Inspector of Police, W-5, All Women Police Station, Vepery Police Station, Chennai.

2. Dr.Mubashira ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C/ 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for records and quash the case in Crime No.3/2020 pending investigation on the file of W-5, All Women Police Station, Vepery Police Station, Chennai. For Petitioner : Mr.C.D.Johnson For R1 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed challenging the FIR in Crime No.3 of 2020, on the file of the first respondent.

2. Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. Already the petitioner and the second respondent had entered into a Mediation Settlement Agreement before the Family Court, Mediation Centre, Chennai, dated 07.09.2022 and the copy of the order has been produced before this Court. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are 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 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 Cr.P.C.,/Section 528 of BNSS, 2023, quashes the FIR in Crime No.3 of 2020 pending trial on the file of the first respondent.

5. In view of the above, the FIR in Crime No.3 of 2020 on the file of the first respondent, is hereby quashed. The Mediation Settlement Agreement dated 07.09.2022 shall form part and parcel of this Order.

6. In the result, this Criminal Original Petition stands allowed. 14.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn To

1. The Inspector of Police, W-5, All Women Police Station, Vepery Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 14.03.2025