Nayagi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Nayagi ... Petitioner Vs.

1.The State Rep. by:

The Inspector of Police, N-1, Royapuram Police, Chennai.

(Crime No.19 of 2024) 2.Guganya ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records and quash the First Information Report in Cr.No.19 of 2024 dated 24.01.2024, on the file of the first respondent, pending investigation.

For Petitioner : Mr.F.Wellington For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side)

O R D E R

The criminal original petition has been filed seeking to quash the 1/4

F.I.R. in Crime No.19 of 2024, pending on the file of the first 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 Joint Compromise Memo dated 29.02.2024 has been filed before this Court which has been signed by the petitioner and the second respondent and also by the learned counsel for the petitioner. The petitioner was also present in person before this Court and the second respondent appeared through Video Conferencing platform and they were identified by Mr.G.Indrakumar, Police Constable, N-1, Royapuram Police Station. In the Joint Compromise Memo it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.19 of 2024. 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 2/4

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 Supreme Court in 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.19 of 2024, on the file of the first respondent Police.

5.This criminal original petition stands allowed and as a sequel, the proceedings in Crime No.19 of 2024, on the file of the first respondent police, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. 6.This criminal original petition stands allowed. 20.03.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

N.ANAND VENKATESH,J.

pri To 1.The Inspector of Police, N-1, Royapuram Police Station, Chennai.

(Crime No.19 of 2024) 2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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