Shaik Mohammed v. The 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.6284 of 2021 Shaik Mohammed ... Petitioner/Accused Vs.

1. State rep.by The Inspector of Police, All Women Police Station, Tambaram, Chennai-45.

... 1st Respondent/Complainant (Crime No.15 of 2020)

2. Taskeen Banu ..2nd Respondent/ De facto Complainant Prayer: This Criminal Original Petition filed under Section 482 of Cr.P.C., to call for records and quash the entire proceedings in FIR in Crime No.15/2021 dated 12.11.2020 pending on the file of respondent police.

For Petitioner : Mr.R.Dinesh Kumar For Respondents : Mr.M.Mohammed Riyaz Additional Public Prosecutor for R 1

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.15 of 2020, pending on the file of the 1st respondent Police.

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. Memo of Compromise dt.08.03.2021, has been filed by the petitioner and 2nd respondent/de-facto complainant before this Court. The petitioner and the second respondent were also present through Video conferencing and they were identified by Mrs.Nithyaranjini, Sub Inspector of Police, All Women Police https://hcservices.ecourts.gov.in/hcservices/

Station, Tambaram, Chennai-45. 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 Memo of Compromise, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.15 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 offenses involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court in (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 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.15 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.15 of 2020, on the file of the 1st respondent police, is quashed and the terms of Compromise Memo shall form part and parcel of this order. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar KP To

1. The Inspector of Police, All Women Police Station, Tambaram, Chennai-45.

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

+1cc to Mr.R.Dineshkumar, Advocate, S.R.No.21481 Crl.O.P.No.6284 of 2021 GPL(CO) TE (30/04/2021) Encl : Xerox Copy of Compromise Memo https://hcservices.ecourts.gov.in/hcservices/