Gowri Shankar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Gowri Shankar 2.Udhayashankar ... Petitioners Vs.

1.The State rep. by its Inspector of Police Arakkonam Town Police Station, Ranipet District.

(R1 amended as per the order of this Court dated 25.03.2024 made in Crl.M.P.No.5286 of 2024 in Crl.O.P.No.6687 of 2024 by NAVJ) 2.John ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to quash the First Information Report in Crime No.18 of 2014 on the file of the respondent police.

For Petitioners : M/s.R.Raji For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side)

O R D E R

1/4

The criminal original petition has been filed seeking to quash the F.I.R. in Crime No.18 of 2014, pending on the file of the first respondent.

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 Compromise Memo dated 11.03.2024 has been filed before this Court which has been signed by the petitioners and the second respondent. The petitioners 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 Compromise Memo it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.18 of 2014. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

2/4

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), 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.18 of 2014, on the file of the first respondent Police.

5.This criminal original petition stands allowed and as a sequel, the proceedings in Crime No.18 of 2014, on the file of the first respondent police, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.750/- (each Rupees Seven Hundred and Fifty 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 3/4

Code:IDIB000M157), within a period of one week from the N.ANAND VENKATESH,J.

pri 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. 25.03.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Inspector of Police Arakkonam Town Police Station, Ranipet District.

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

25.03.2024 4/4