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Madras High CourtCRL OP/7304/2024allowed

Gunasekaran v. The State Rep By

2024-03-26Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2024

CORAM

THE HONOURABLE MR JUSTICE N.ANAND VENKATESH Gunasekaran .. Petitioner Vs.

1. The Inspector of police, R3- Ashok Nagar Police Station, Chennai District.

2. Hariharan ... 2nd respondent / Defacto complainant PRAYER : The Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records and quash the further proceedings in Crime No.172 of 2023 pending on the file of Inspector of Police, Ashok Nagar Police Station, Chennai District.

For Petitioners : Mr.P.Muthamizh Selvakumar For Respondent No.1 : Mr.A.Damodaran Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the first information report in Crime No.172 of 2023 on the file of the 1st respondent.

2.

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

3.

The Joint Compromise Memo dated 15.03.2024 has been filed by the petitioner and the 2nd respondent/de-facto complainant before this Court, which has been signed by both of them. The petitioner and the second respondent were also appeared through video conferencing. In the Memo, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime

No.172 of 2023. 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), and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. 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.172 of 2023, on the file of the 1st respondent Police. 5.

This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.172 of 2023, on the file of the 1st

respondent police, is quashed and the terms of memo shall form part and parcel of this order.

Index : Yes/No 26.03.2024 Internet : Yes/No rka

N.ANAND VENKATESH, J.

rka To

1. The Inspector of police, R3- Ashok Nagar Police Station, Chennai District.

2.The Public Prosecutor, High Court, Madras.

26.03.2024