Ajay v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11369 of 2020 and Crl.M.P.No.4609 of 2020 Ajay (21 Years) S/o.Muthukrishnan 1/48, Mulakaal Street, Kezhuvatthur, Mannargudi Taluka, Keluvathur, Thiruvarur - 614 705

...Petitioner/Accused

Vs.

1.State Rep by The Inspector of Police, All Women Police Station, Mannagudi, Thiruvarur District.

(Crime No.5 of 2020) ..Respondent/Complainant 2.Nithyasri W/o.Ajay 1/48, Mulakaal Street, Kezhuvatthur, Mannargudi Taluka, Keluvathur, Thiruvarur District - 614 705.

...Respondent/Defacto Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.5 of 2020 pending on the file of the Inspector of Police, All Women Police Station, Mannagudi, Thiruvarur District and quash the same.

For Petitioner : Mr.A.Sriram For R1 : Mr.S.Karthikyan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.5 of 2020 on the file of the Inspector of Police, All Women Police Station, Mannagudi, Thiruvarur District.

https://hcservices.ecourts.gov.in/hcservices/

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 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.5 of 2020.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.5 of 2020, on the file of the Inspector of Police, All Women Police Station, Mannagudi, Thiruvarur District. is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order.

*Copy of the Memo of Compromise enclosed Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar gbi To 1.The Inspector of Police, All Women Police Station, Mannagudi, Thiruvarur District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.11369 of 2020 and Crl.M.P.No.4609 of 2020 BS(CO) GMY(28/10/2020) https://hcservices.ecourts.gov.in/hcservices/