F.Arokiaraj Pradeep v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2022

CORAM:

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.7530 of 2022 and Crl.M.P.No.4298 of 2022 F.Arokiaraj Pradeep ... Petitioner Vs

1. The State Rep by, The Inspector of Police, Thirumulaivoyal Police Station, Ambattur, Thiruvallur District- 600 062.

Crime No.623 of 2021

2. Mrs.Anto Prashila .....Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records relating to FIR No.623 of 2021 on the file of the T-10, Thirumullaivoyal Police Station, Ambattur, Chennai and quash the same. For Petitioner : Mr.K.Balaji For Respondent1 : Mr.A.Gokulakrishnan Additional Public Prosecutor For R2 : Mr.Jaikumar

O R D E R

The Criminal Original Petition has been filed to quash the First Information Report in Crime No. 623 of 2021, on the file of the respondent police, for the offences punishable under Sections 294(b), 324, 506(2) of IPC.

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. Learned counsel for the petitioner would submit that the petitioner and the de facto complainant are husband and wife and the issue arises out of matrimonial dispute and the parties have compromised the matter between themselves.

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4. A Memo of compromise has been filed before this Court, which have been signed by the petitioner and the second respondent. The petitioner and the second respondent were also present in person before this Court. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No. 623 of 2021.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 623 of 2021, on the file of the first respondent police, is quashed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar nti/nr To

1. The Inspector of Police, Thirumulaivoyal Police Station, Ambattur, Thiruvallur District- 600 062.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Balaji, Advocate, S.R.No.22445 Crl.O.P.No.7530 of 2022 and Crl.M.P.No.4298 of 2022 PMK(CO) CT 18/04/2022 https://hcservices.ecourts.gov.in/hcservices/