C.Hemachand v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.8292 of 2019 and Crl.M.P.No.4435 of 2019 C.Hemachand ... Petitioner Vs

1. State rep by The Sub Inspector of Police, All Women Police Station, Vandavasi, Thiruvannamalai District.

(Crime No.11 of 2012)

2. K.Swetha @ Subhashini ... Respondents PRAYER:

Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records relating to Crime No.11 of 2012 on the file of All Women Police Station, Vandavasi, Thiruvannamalai District and quash the same.

For Petitioner : Mr.R.Sasikumar For R-1 : Mr.C.Raghavan Government Advocate (Crl.Side) For R-2 : Mr.V.Manimaran

O R D E R

This Criminal Original Petition has been filed to quash the F.I.R in Crime No. 11 of 2012 on the file of the All Women Police Station, Vandavasi, Thiruvannamalai District, pursuant to the compromise arrived at by the parties.

2.

The case is still in the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. This Court also enquired both the parties and was https://hcservices.ecourts.gov.in/hcservices/

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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No. 11 of 2012.

5. This Criminal Original Petition stands allowed and Connected Miscellaneous petition is closed and as a sequel, the proceedings in Crime No.11 of 2012, on the file of the All Women Police Station, Vandavasi, Thiruvannamalai District, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.5,000/-, as costs, to the Bodhimaram Old Age Home at Valapandhal Road, Paiyur, Tiruvannamalai-632317, Opposite to St.Mary, Ph.No.9152664337, 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.

ENCL: Xerox copy of Joint Memo of Compromise Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mpa/vsn To

1. The Sub Inspector of Police, All Women Police Station, Vandavasi, Thiruvannamalai District.

2. The Public Prosecutor, High Court of Madras.

+2 cc's to Mr.V.R.Appaswamee, Advocate, Sr.No. 30059 CRL.O.P.No.8292 of 2019 LN(CO) CSL/30.04.2019 https://hcservices.ecourts.gov.in/hcservices/