Janab Mohamed Arshad Modi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.4723 of 2024

1. Janab Mohamed Arshad Modi

2. Nusrath Fathima ... Petitioners Vs.

1. The State Rep by The Inspector of Police, AWPS - Anna Nagar Police Station, Chennai.

Crime No.19 of 2023.

2.Nazia Haseen ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Cr.No.19 of 2023 pending on the file of the respondent police Inspector of Police, AWPS - Anna Nagar Police Station, Chennai and quash the same.

For Petitioners : Mr.V.S.Senthilkumar For Respondents For R1 : Mr.K.Vinothraja Government Advocate (Crl.Side) For R2 : Mr.A.Amalraj

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.19 of 2023 on the file of the first respondent, registered for the offences under Sections 498(A), 109, 34 of IPC, Section 4 of the Dowry Prohibition Act, 1961.

2.

Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

A Joint Memo of Compromise has been filed before this Court, which has been signed by the petitioner and the defacto complainant and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the FIR in Crime No.19 of 2023 pending investigation on the file of the first respondent.

5.

In view of the above, the FIR in Crime No.19 of 2023 on the file of the first respondent, is hereby quashed. The terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.2,500/-, (Rupees two thousand five hundred only) each as costs, to the Chief Justice Relief Fund, Tamil Nadu, forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6.

Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. 21.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

G.K.ILANTHIRAIYAN, J.

rts To 1.The Inspector of Police, AWPS - Anna Nagar Police Station, Chennai.

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

and Crl.M.P.No.4723 of 2024 21.03.2025