K.Senthil v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2021

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.7114 of 2021 1.Dr.K.Senthil 2.Sivakumar ... Petitioners Vs.

1.The State Rep. by The Inspector of Police, Maraimalai Nagar Police Station, Kancheepuram District, Crime No.3607 of 2020.

2.Mrs.Nalini ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records and quash the Crime No.3607 of 2020 pending on the file of the Inspector of Police, Maraimalai Nagar Police Station.

For Petitioners :

Mr.R.Vijayaraghaven For R1 :

Mr.M.Mohammed Riyaz, Additional Public Prosecutor For R2 :

S.Annakodi * * * * *

O R D E R

This Criminal Original Petition has been filed to call for the records and quash the Crime No.3607 of 2020 pending on the file of the Inspector of Police, Maraimalai Nagar Police Station.

2.The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.The compromise letter dated 18.12.2020 has been given by the second respondent to the first respondent and the same has been filed by the petitioners along with the typed set of https://hcservices.ecourts.gov.in/hcservices/

papers. The petitioners and the second respondent/defacto complainant were also present through Video conferencing. In the compromise letter it has been stated that the petitioners and the second respondent/defacto complainant have entered into a compromise and amicably settled their family issues in Crime No.3607 of 2020. 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 Gujarat), 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.3607 of 2020, on the file of the 1st respondent Police.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.3607 of 2020, on the file of the 1st respondent police, is quashed and the terms of compromise letter shall form part and parcel of this order. [The petitioners shall pay a sum of Rs.1000/- (Rupees One Thousand only each) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry)], 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].

*Herein enclosed the Xerox copy of Memo of Compromise Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar ah To 1.The Inspector of Police, Maraimalai Nagar Police Station, Kancheepuram District, 2.The Public Prosecutor, High Court, Madras.

Copy to:

The Section Officer,Accounrs Section, High Court,Madras. +2ccs to Mr.S.Annakodi, Advocate SR.No. 25103 Crl.O.P.No.7114 of 2021 A.SK(09.06.2021) https://hcservices.ecourts.gov.in/hcservices/