Venkatesan v. The Inspector Of Police,

1 Crl.O.P.No.6078 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2021 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.6078 of 2021 Venkatesan .. Petitioner Vs.

1. The Inspector of Police, Tiruppur South Police Station, Tiruppur City, Tiruppur District

2. Priya .. Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in Crime No.1802 of 2020 on the file of the 1st respondent herein on the file of the 1st respondent. For Petitioners : Mr.K.Prabhakaran For Respondent No.1 : Mr.M.Mohammed Riyaz Additional Public Prosecutor

2 Crl.O.P.No.6078 of 2021

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.1802 of 2020, 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 Memorandum of Understanding dated 31.12.2020 has been filed by the petitioner and 2nd respondent/de-facto complainant before this Court. The petitioner and the second respondent were also present through Video conferencing and they were identified by Mr.Paul Murugan, Head Constable, Tiruppur South Police Station, Tiruppur City, Tiruppur District. 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 Memo, it has been stated that the petitioner and the second respondent have

3 Crl.O.P.No.6078 of 2021 entered into a compromise and amicably settled their issues in Crime No.1802 of 2020. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The marriage between the petitioner and Ezhil Mathi, who is the daughter of the Defacto complainant took palce on 24.03.2021. This fact was acknowledged by the petitioner and the said Ezhil Mathi, who were present at the time of hearing through video conferencing.

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.1802 of 2020, on the file of the 1st respondent

4 Crl.O.P.No.6078 of 2021 Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.1802 of 2020, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order.

01.04.2021 Index :Yes/No Internet:Yes/No rka

5 Crl.O.P.No.6078 of 2021 N.ANAND VENKATESH, J.

rka To 1.The Inspector of Police, Tiruppur South Police Station, Tiruppur City, Tiruppur District

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.6078 of 2021

6 Crl.O.P.No.6078 of 2021 01.04.2021