Praveen v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6827 of 2019 Praveen ... Petitioner Vs 1.The Inspector of Police, Railway Police Station, Tiruppur.

(Cr.No.18 of 2019) 2.Harini ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records relating to the proceedings in Crime No.18 of 2019 on the file of the Inspector of Police, Tiruppur railway police station, Tiruppur District and Quash the proceedings therein pending against the petitioner herein. For Petitioner : Mr.B.Karthikeyan For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor for R1

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.18 of 2019 registered by the first respondent for the offences under Section 4 of the TNPHW Act and under Section 354 I.P.C. as against the petitioner.

2. The learned counsel for the petitioner would submit that settlement has been arrived between the petitioner and the second respondent/ defacto complainant and the same has been filed before this Court as such he prayed for quashment of the FIR.

3. It is seen that settlement has been arrived between the parties and the second respondent / defacto complainant has also filed an affidavit to that extent before this Court, which

is extracted hereunder:

"1. I am the 2nd respondent in the above petition and the defacto complainant in the above case for having given a complaint before the 1st respondent herein as against the Petitioner herein and as such I am well acquainted with the facts of the case.

2. I state that the Respondent police has filed the above case in Crime No.18 of 2019 against the Petitioner/Accused herein for the alleged offence under section 4 of the TNPHW Act and Section 354 IPC, based on the complaint given me and the said case is pending investigation on the file of the 1st Respondent police in Crime No.18 of 2019.

3. I State that I am a Student and the occurrence in this case is said to have taken place during the night of 28.01.2019 when myself and the accused were travelling in the same train and compartment. I further state that in the interest of justice and future of both myself and the Petitioner herein I am ready to withdraw my complaint as I have entered into a compromise in the interest of both parties.

4. I State that as the matter was compromised between me and the petitioners herein, I do not want to proceed further and on the advice of the well wishers, the matter was amicably settled between me and the Petitioner herein. No useful purpose would be served to any one in proceeding with the criminal case against the petitioner herein.

5. I further state that as the matter was settled amicably and a compromise has been arrived at between me and the petitioner in the interest of justice the criminal case pending on the file of the Inspector of police, Tiruppur police station, Tiruppur District in Crime No.18 of 2019 may be quashed."

4. Therefore, no useful purpose would be served if the FIR is kept pending. As such this Court is inclined to quash the

FIR in Crime No.18 of 2019.

5. Accordingly, this Criminal Original Petition is allowed and the proceedings in Crime No.18 of 2019 on the file of the first respondent Police is quashed.

Sd/- Assistant Registrar //True copy// Sub Assistant Registrar pds/lok To 1.The Inspector of Police, Railway Police Station, Tiruppur.

2.The Additional Public Prosecutor, High Court of Madras.

+1cc to Mr.B.Karthikeyan, Advocate SR.No.24270 Crl.O.P.No.6827 of 2019 SSI(CO) GMY(20/05/2019)