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Madras High CourtCRL OP/6610/2024allowed

Krishna Murthy v. The State Rep By

2024-03-19Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Krishna Murthy ... Petitioner Vs.

1.State rep. by The Inspector of Police M-1, Madhavaram Police Station, Chennai.

Cr.No.569 of 2022.

2.Jayalakshmi ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records in Crime No.569 of 2022 (pending investigation) on the file of the first respondent herein and quash the same and the entire proceedings in so far as it relates to the petitioner is concerned. For Petitioner : Mr.N.Praveen For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side) Mr.V.Dinesh for R2

O R D E R

The criminal original petition has been filed seeking to quash the F.I.R. in Crime No.569 of 2022, pending on the file of the first respondent.

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2.The case is still at the stage of investigation. The parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The Joint Memo of Compromise dated 12.03.2024 has been filed before this Court which has been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent were also present in person before this Court. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and they are made part of the record. In the Joint Memo of Compromise it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.569 of 2022. 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 2/4

SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh Vs. 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.569 of 2022, on the file of the first respondent Police.

5.This criminal original petition stands allowed and as a sequel, the proceedings in Crime No.569 of 2022, on the file of the first respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1,000/- (Rupees One Thousand Only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. 19.03.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

N.ANAND VENKATESH,J.

pri To 1.The Inspector of Police M-1, Madhavaram Police Station, Chennai.

Cr.No.569 of 2022.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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