R.Vishva @ Vishvanarayanan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P. No.15514 of 2020 and Crl.M.P.No.5915 of 2020 R.Vishva @ Vishvanarayanan, M/22 years, S/o.Ramesh

...Petitioner

.Vs.

1. The Inspector of Police, All Women Police Station, Royapuram, Chennai.

(Crime No.11 of 2019)

2. Gayathri, W/o.Moorthi

...Respondents

PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records in connection with Crime No.11 of 2019 dated 26.12.2019 on the file of Inspector of Police, All Women Police Station, Royapuram, Chennai and quash the same.

For Petitioner : Mr.C.Sivakumar For R1 : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.11 of 2019 dated 26.12.2019 on the file of the first respondent for the offence under Sections 4 of POCSO Act and 506(i) of IPC, as against the petitioner.

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.

3. The affidavit has been filed before this Court on 18.09.2020 which have been signed by the petitioner in the presence of her counsel. All the parties are present and identified by their respective counsel. In order to identify the https://hcservices.ecourts.gov.in/hcservices/

respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. 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.11 of 2019.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.11 of 2019 on the file of the first respondent police is quashed and the terms of affidavit shall form part and parcel of this order. The petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) as costs to the credit of the "Chief Justice Relief Fund" (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, All Women Police Station, Royapuram, Chennai.

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

3. The Section Officer, Accounts Section, High Court, Madras-104.

+2cc to Mr.C.Sivakumar, Advocate,Sr.No.32537 Crl.O.P. No.15514 of 2020 and Crl.M.P.No.5915 of 2020 rr ii (03/12/2020) https://hcservices.ecourts.gov.in/hcservices/