Raja Ilavarasan v. Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Raja Ilavarasan .. Petitioner Vs.

1. Inspector of Police, Kovilpalayam Police Station, Coimbatore District.

(Crime No.224 of 2018)

2. Mrs.Vennila .. Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.224 of 2018 pending on the file of the 1st respondent Police and quash the same. For Petitioner : Mr.Suresh Viswanath For Respondent No.1 : Mr.A.Gopinath Government Advocate (Crl.Side) 1/5

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.224 of 2018, pending on the file of the 1st respondent.

2. The case is still at the stage of investigation. the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. Based on the award passed by the Lok Adalat on 10.02.2023 and the supporting affidavit filed before this Court, which have been signed by the defacto complainant and also by her respective counsel. The petitioner and the second respondent were also present in person before this Court. In the affidavit, it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.224 of 2018. This Court also enquired both the parties and was satisfied that the parties have come to an 2/5

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), 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.224 of 2018, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.224 of 2018, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order.

31.07.2023 Index : Yes/No 3/5

Speaking order:Yes/No rka N.ANAND VENKATESH, J rka To

1. The Inspector of Police, Kovilpalayam Police Station, Coimbatore District.

2. The Public Prosecutor Madras High Court, Madras.

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