A.Nambirajan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.OP No.11400 of 2019 and Crl.M.P.No.5884 of 2019 A.Nambirajan .. Petitioner .Vs.

1. The State rep.by The Inspector of Police, V-1, Villivakkam Police Station, Villivakkam, Chennai 600 049.

2. K.Chandradevi ..Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records and quash the FIR in Crime No.384 of 2017, pending on the file of 1st respondent, as an abuse of process of law. For Petitioner : Mr.R.Radha Pandian For R 1 : Mr.C.Raghavan Government Advocate For R 2 : M/s.Shaikh Mehrunisa for de facto Complainant

ORDER

This Criminal Original Petition has been filed to quash the First Information Report registered in Crime No.384 of 2017, for an alleged offence under Sections 506(i) IPC r/w Sec 67A of Information Technology Act & Sec 4 of Tamil Nadu Prohibition of Women Harassment Act, on the file of the first respondent.

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

3. A joint memo of compromise has been filed before this Court which has been signed by the petitioner and the second respondent and also their respective counsel. In order to identify the respective parties they have also produce the copy of the Aadhaar Card is made part of the record. The petitioner's father and mother were also present in person before this Court and they were identified by Mr.V.Amsaraji, SSI of Police, Villivakkam. 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.384 of 2017.

5.The respondent Police is directed to immediately take steps to recall the look out circular that has been issued against the petitioner within a period of one month from the date of receipt of a copy of the order.

This Criminal Original Petition stands allowed accordingly. Consequently, Connected miscellaneous petition is closed.

KP Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, V-1, Villivakkam Police Station, Villivakkam, Chennai 600 049.

2.The Public Prosecutor, High Court of Madras, Madras.

+1cc to Mr.R.Radhapandian, Advocate, SR.No.45060 Crl.OP No.11400 of 2019 Kak(25/06/2019) https://hcservices.ecourts.gov.in/hcservices/