S.Hariharan v. The State Of Tamilnadu, Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.16218 of 2020 S. Hariram ... Petitioner Vs.

1.The State of Tamilnadu, Represented by Inspector of Police, W-6, All Women Police Station, Ayanavaram, Chennai - 23.

2.The State of Tamilnadu, Represented by Inspector of Police, W-26, All Women Police Station, Ashok Nagar, Chennai.

3.T. Umarani ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records culminated in Crime No.7 of 2019 pending on the file of the second respondent police, quash the same upon the grounds of comprise.

For Petitioner : Mr. S. Vijayaganesh For Respondents: Mr. M. Mohamed Riyaz, for R1 & R2 Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to call for the records relating to the Crime No.7 of 2019 on the file of the second respondent and quash the same by allowing this Criminal Original Petition.

2.

The case is still at 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 and consent affidavit dated 02.11.2020 has been filed before this Court which have been signed by the petitioner and the respondent and also by their respective counsel. The petitioner and the third respondent were also present through Video conferencing and they were identified by Ms. C. Kala, Inspector of Police, All Women Police Station, Ashok Nagar, Chennai, who was also present at the time of hearing through Video conferencing. In the affidavit it has been stated that the petitioner and the third respondent have entered into a compromise and amicably settled their issues in Crime No.7 of 2019. 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), 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.07 of 2019 pending on the file of the Inspector of Police, W-26, All Women Police Station, Ashok Nagar, Chennai. 5.

This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.7 of 2019, pending on the file of the Inspector of Police, W-26, All Women Police Station, Ashok Nagar, Chennai, is quashed and the terms of affidavit shall form part and parcel of this order.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar AT To 1.The Inspector of Police, State of Tamilnadu, W-6, All Women Police Station, Ayanavaram, Chennai - 23.

2.The Inspector of Police, State of Tamilnadu, W-26, All Women Police Station, Ashok Nagar, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Kalaiyarasan, Advocate Sr.4375 Crl.O.P No.16218 of 2020 gsm[co] srg 25/02/2021