C.Mohamed Asif Zaheer v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.C.Mohamed Asif Zaheer 2.C.Nazema Begum 3.A.Chand Basha 4.Syed Asmathullah 5.Mohamed Haneef 6.Rukana Begum 7.F.Farhana 8.Y.Fazlur Rahman ... Petitioners Vs.

1.State Rep. by Inspector of Police W-7, All Women Police Station, Anna Nagar, Chennai.

2.Yasmeen ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records in Crime No.14 of 2022 on the file of the first respondent/ Investigation Officer and quash the same.

For Petitioners : Mr.R.Sundaravadivelu For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side) 1/4

O R D E R

The criminal original petition has been filed seeking to quash the F.I.R. in Crime No.14 of 2022, pending on the file of the first 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.The Joint Compromise Memo dated Nil November, 2023 has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. The first petitioner (A1) appeared through the Video Conferencing Mode and the petitioners 2 to 8 and the second respondent were also present in person before this Court and they were identified by Ms.P.Lakshmi Sri, Women Special Sub Inspector of Police, W-7 AWPS, Anna Nagar. In the Joint Compromise Memo it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.14 of 2022. 4.Under such circumstances, no useful purpose will be served in 2/4

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 Supreme Court in The State of Madhya Pradesh Vs. 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.14 of 2022, on the file of the first respondent Police.

5.This criminal original petition stands allowed and as a sequel, the proceedings in Crime No.14 of 2022, on the file of the first respondent police, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. 27.03.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

N.ANAND VENKATESH,J.

pri To 1.The Inspector of Police W-7, All Women Police Station, Anna Nagar, Chennai.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

27.03.2024 4/4