S.Rushikesh v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6681 of 2020

1. S.Rushikesh

2. G.Selvam

3. P.Thenmozhi

4. S.Dinesh

...Petitioners

Vs.

1. State by Inspector of Police All Women Police Station, Chengalpattu (Crime No.02 of 2020)

2. Komathishah @ Gomathi Nisha

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash FIR in Crime No.2 of 2020 on the file of the first respondent in view of the compromise entered between the petitioners and the second respondent.

For Petitioners: Mr.R.Rajarathinam For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.02 of 2020, on the file of the first respondent police.

2. The case is still in the stage of investigation. By passage of time, 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 have been signed by the petitioners and the second respondent and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. 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 First Information Report in Crime No.391 of 2012.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.02 of 2020, on the file of the first respondent police is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioners' counsel paid a sum of Rs.10,000/- as costs to the High Court Legal Services Committee, High Court Campus, Chennai on 20.03.2020 and enclosed a receipt of the deposit.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar ENCL: Xerox Copy of Joint Memo of compromise attached kv To

1. The All Women Police Station, Chengalpattu.

Copy To 1.The Judicial Magistrate, Additional Mahila Court, Chengalpattu.

2.The Secretary, High Court Legal Service Committee, High Court Campus, Chennai.

3.The Sub Assistant Registrar, Accounts Section, High Court, Chennai.

4.The Public Prosecutor, High Court, Madras.

+2cc to Mr.R.Rajarathinam, Advocate, S.R.No. 24450 Crl.O.P.No.6681 of 2020 PVS(CO) GN(16/07/2020)