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Madras High CourtCRL OP/11916/2019ordered

Raju v. State Rep. By Inspector Of Police,

2019-06-24Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP.No.11916 of 2019

1. Raju

2. Kousalya

...Petitioners

Vs.

1. State represented by Inspector of Police All Women Police Station, Ayanavaram, Chennai

2. Devi Priya

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the records and to quash the FIR registered in Cr.No.8 of 2018 by the first respondent as against the Petitioner.

For Petitioner : Mr.R.C.Paul Kanagaraj For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor (for R1)

ORDER

The Criminal Original Petition has been filed to accept this affidavit and to quash the FIR registered in Cr.No.8 of 2018 by the first respondent on the ground of compromise.

2. The case is still in the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A joint affidavit of Compromise, dated 26.03.2019, has been filed before this Court which have been signed by the petitioner and the 2nd respondent and also by their respective counsel. 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 case 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 https://hcservices.ecourts.gov.in/hcservices/

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 Case in Cr.No.8 of 2018, pending on the file of the first respondent police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Cr.No.8 of 2018, pending on the file of the first respondent police, is hereby quashed and the terms of joint affidavit of Compromise shall form part and parcel of this order.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar To 1.Inspector of Police All Women Police Station, Ayanavaram, Chennai

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.C.Paul Kanagaraj , Advocate SR.No. 52605 CRL.OP.No.11916 of 2019 A.SK(10/07/2019) https://hcservices.ecourts.gov.in/hcservices/