M.Prathap v. State By

2IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:15.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 10101 of 2019 1.M.Prathap 2.Varalakshmi 3.Shamala 4.Balaji

...Petitioners/Accused 1 to 4

Vs.

1.State by The Inspector of Police, All Women Police Station, Tambaram, Chennai.

(Crime No.21 of 2017) ...1st Respondent/Complainant 2.T.Hemalatha ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the case pending investigation in crime No.21 of 2017 on the file of the 1st respondent Inspector of Police, All Women Police Station, Tambaram, Chennai and quash the same.

For Petitioner : Mr.K.M.Venkat Murthi For Respondents For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : R.Ganeesh Kumar

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No. 21 of 2017 on the file of the Inspector of Police, All Women Police Station, Tambaram, Chennai, 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 petitioners 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.21 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.21 of 2017, on the file of the Inspector of Police, All Women Police Station, Tambaram, Chennai, 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.5000/-, as costs, to the Kaakkum Karangal, Old No.7, New No.39, East Madha Street, Thiruvanmiyur, Near Temple Tank, Chennai-600 041. Cell.+91-44-24401825, 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.

Sd/- Deputy Registrar(CS) //True copy// Sub Assistant Registrar rri To

1. The Inspector of Police, All Women Police Station, Tambaram, Chennai.

(Crime No.21 of 2017) 2.The Public Prosecutor, High Court, Madras.

3. The Secretary, Kaakkum Karangal, Old No.7, New No.39, East Madha Street, Thiruvanmiyur, Near Temple Tank, Chennai-600 041.

4. The Section Officer, Criminal Section, High Court, Madras (To Watch Compliance) +2cc to Mr.K.M.Venkat Murthi, Advocate SR.No.37338 Crl.O.P.No. 10101 of 2019 RJI(CO) GMY(28/05/2019)