Frosh Ahamed v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN 1.Frosh Ahamed 2.Lalith 3.Anandan 4.Ramanatahan ...

Petitioners vs 1.The State represented by The Inspector of Police, Chrompet Police Station, Tambaram City.

2.Chandru ...

Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C, to call for the records pertaining to the case in Crime No.384 of 2022, on the file of the 1st respondent police. For Petitioners ... Mr.R.Thamaraiselvan For R1 ... Mr.Leonard Arul Joseph Selvam Government Advocate (Crl side) For R2 ... Mr.S.Kasirajan

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the case in Crime No.384 of 2022, on the file of the 1st respondent police.

2. The First Information Report allegations show that, 2nd respondent was beaten by the accused in this case and threatened to give statement that, he has illicit relationship with 1st petitioner's wife and made criminal intimidation. Therefore, on the basis of the complaint given by the 2nd respondent, First Information Report in Crime No.147, 148, 341, 294(b), 324 and 506(2) IPC by the Chrompet Police Station was registered.

3. The learned Government Advocate (Crl.Side) submitted that, by passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

4. A Joint Memo of Compromise dated 15.06.2023 has been filed before this Court, which have been signed by the petitioners and the second respondent and also by the learned counsel for the parties.

5. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.S.Sakthivel, SI, S-13 Police Station, Chrompet. This Court also enquired both the parties and is satisfied that the parties have come to an amicable settlement between themselves. The second respondent answered this Court, that he had entered into a Memorandum of compromise with the petitioners and he has no objection for quashing the First Information Report in Crime No.384 of 2022, on the file of the 1st respondent police.

6. Considering the fact that, the second respondent does not want to prosecute the case against the petitioners and that he has no objection for quashment of proceedings, no useful purpose will be served in keeping the First Information Report in Crime No.384 of 2022, on the file of the 1st respondent police against the petitioners.

7. 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 2022, on the file of the 1st respondent police against the petitioners. 8.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.384 of 2022, on the file of the 1st respondent police against the petitioners is quashed and the terms of joint compromise memo shall form part and parcel of this order. 15.06.2023 Index: Yes/No Internet: Yes/No Speaking/Non speaking order gd To

1.The Inspector of Police, Chrompet Police Station, Tambaram City.

2.The Public Prosecutor, High Court of Madras.

G.CHANDRASEKHARAN, J.

gd 15.06.2023