P.Thamarai Selvan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2021

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.7125 of 2021 and Crl.M.P.No.4383 of 2021 P.Thamarai Selvan ... Petitioner/Accused Vs.

1.The Inspector of Police, Vadapthimangalam Police Station, Thiruvarur District, (Crime No.199/2019).

... 1st Respondent/Coomplainant 2.Therasavasanthi ... Respondents/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.199/2019 on the file of the first respondent/complainant to quash the same in view of the compromise entered into both parties.

For Petitioner : Mr.P.Muthamizhselvakumar For R1 : Mr.A.Damodaran Government Advocate (Crl. Side) For R2 : Mr.Therasavasanthi (Appeared through Video conference) * * * * *

O R D E R

The Criminal Original Petition has been filed to call for the records in Crime No.199/2019 on the file of the first respondent/complainant to quash the same in view of the compromise entered into both parties.

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 Joint Compromise Memo has been filed by the the petitioner and the 2nd respondent/de-facto complainant before this Court on 12.03.2021. The petitioner and the second respondent were also present through Video conferencing. In https://hcservices.ecourts.gov.in/hcservices/

the said affidavit it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.199/2019. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4.The learned Government Advocate (Crl. Side) appearing for the first respondent also confirms the same. 5.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.199/2019, on the file of the 1st respondent Police.

6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.199/2019, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Enclosed: Xerox copy of Joint Comopromise memo ah To 1.The Inspector of Police, Vadapthimangalam Police Station, Thiruvarur District, 2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.7125 of 2021 and Crl.M.P.No.4383 of 2021 SRA(CO) B.VC(20.07.2021) https://hcservices.ecourts.gov.in/hcservices/