Amutha v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH

1. Amutha

2. Rani ... Petitioners Vs.

1. The State represented by the Inspector of Police, H-5, New Washermenpet Police Station, New Washermenpet, Chennai - 600 081.

2. E.Arumugam ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, calling for the records in Crime No.685 of 2022 pending on the file of the 1st respondent police and quash the same against the petitioners.

For Petitioners : Mr.P.D.Mohan For R1 : Mr.A.Gopinath, Government Advocate (Crl.Side)

For R2 : Mr.N.Karthikeyan

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.685 of 2022, pending on the file of the 1st respondent.

2. The case is still at the stage of investigation. The parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The compromise affidavit has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.Ramachandran, Sub Inspector of Police, H-5, New Washermenpet Police Station, Chennai [Mobile: 9498132855]. In the compromise affidavit it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.685 of 2022. 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 in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath reported in (2017) 9 SCC 641, and after exercising due caution as advised by the Hon'ble Suprme Court in the case of the State of Madhya Pradesh -vs- 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.685 of 2022, on the file of the first respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.685 of 2022, on the file of the first respondent police, is quashed and the terms of affidavit shall form part and parcel of this order.

09.01.2024 skr Index : Yes / No Speaking order / Non-speaking order

Note: Issue order copy by 12.01.2024

To

1. The Inspector of Police, H-5, New Washermenpet Police Station, New Washermenpet, Chennai - 600 081.

2. The Public Prosecutor, Madras High Court, Chennai.

N. ANAND VENKATESH, J.

skr 09.01.2024