Thasneem v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.6160 of 2021

1. Thasneem

2. Reyaz Ahamed Petitioners vs.

1. State, Rep. by its Inspector of Police, E5 Fore shore Estate police Station, Chennai

2. Thameem Ansari Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to Crime No.814 of 2020 U/s 380 of IPC pending on the file of 1st respondent and quash the proceedings insofar as they related to the petitioner's. For Petitioner : Mr.E.Kotteswaran For Respondents : Mr.Mohammed Riyaz Additional public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.814 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 Affidavit dated 18.03.2021 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present through Video conferencing and they were identified by Mr.Parasuraman, Constable, E5 Fore shore Estate police Station, Chennai . 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 affidavit it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.814 of 2020. 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), 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.814 of 2020, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.814 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 Speaking Order/Non-Speaking Order rka To

1. State, Rep. by its Inspector of Police, E5 Fore shore Estate police Station, Chennai

2. The Additional Public Prosecutor, High Court, Madras

N. ANAND VENKATESH, J.

rka Crl.O.P No.6160 of 2021 01.04.2021