C.Prabhakaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:18.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.6651 of 2022 Dinesh ...

Petitioner Vs.

1. State Represented by The Inspector of Police, Thiru.Vi.Ka.Nagar Police Station, Chennai.

Crime No.686 of 2022.

2. Devika ...

Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records and quash the FIR in Crime No.686 of 2022 on the file of the respondent.

For Petitioner : Mr. B.Manimaran For Respondent : Mr.S.Santhosh No.1 Government Advocate (Crl. Side) 1/5

ORDER

This Criminal Original Petition is filed to call for the records and quash the FIR in Crime No.686 of 2022 on the file of the respondent.

2. A case was registered as against the petitioner in Crime No.686 of 2022 for the offence under Sections 294(b), 324, 506(2) of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002, on the allegations of assaulting and causing injuries to the 2nd respondent by wooden log.

3. The learned Government Advocate (Crl.Side) submitted that, by passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

4. A Joint Memo of Compromise dated 30.01.2023 has been filed before this Court, which have been signed by the petitioner and the second respondent and also by the learned counsel for the parties.

5. The petitioner and the second respondent were also present in person 2/5

before this Court and they were identified by Mrs.S.Sophiya, Sub-Inspector of Police, Thiru Vi Ka Nagar Police Station. This Court also enquired both the parties and is satisfied that the parties have come to an amicable settlement between themselves. The second respondent answered this Court, that she had entered into a Memorandum of compromise with the petitioner and she has no objection for quashing the FIR in Crime No.686 of 2022.

6. Considering the fact that the second respondent does not want to prosecute the case against the petitioner and that she has no objection for quashment of proceedings and also considering that the offences are compoundable offence, no useful purpose will be served in keeping the FIR in Crime No.686 of 2022 against the petitioner. 7.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., quashes the First Information Report in Crime No.686 of 2022. 8.Accordingly, this Criminal Original Petition stands allowed and as a 3/5

sequel, the proceedings in Crime No.686 of 2022, on the file of the first respondent police is quashed and the terms of joint compromise memo of the parties dated 30.01.2023 and the consent affidavit dated 03.02.2023 filed by the 2nd respondent shall form part and parcel of this order. 18.04.2023 sma Internet:Yes Index:Yes/No Speaking/Non speaking order To:

1.The Inspector of Police, Thiru.Vi.Ka.Nagar Police Station, Chennai.

2.The Public Prosecutor, High Court of Madras.

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G.CHANDRASEKHARAN, J.

sma Crl.O.P. No.6651 of 2022 18.04.2023 5/5