S.Suresh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH CRL.O.P NO.17003 OF 2019 AND CRL.M.P NO.8551 OF 2019 S.Suresh ..Petitioner/Accused 1 Vs.

1. The Inspector of Police, W-30, All Women Police Station, Poonamallee, Chennai-600 056 ..1st Respondent/Complainant

2. P.Ramya ..2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and to quash the FIR No.11/2018 dated 11.07.2018 registered by the 1st Respondent/Complainant, namely, the Inspector of Police, W-30, All Women Police Station, Poonamallee, Chennai-600 056 against the petitioners/accused.

For Petitioner : Mr.Parthasarathy for Mr.E.Senthilkumar For Respondents : Mr.C.Raghavan Government Advocate for R1 Mr.M.Kempraj for R2

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.11 of 2018, pending on the file of the 1st respondent.

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. The joint memo of compromise dated 22.12.2021 has been filed by the 2nd respondent/de-facto complainant and the petitioner before this Court. The second respondent was also present in person before this Court and he was identified by Ms.Devi, Grade-I, Constable, All Women Police Station, https://hcservices.ecourts.gov.in/hcservices/

Poonamallee. In the joint memo of compromise, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.11 of 2018. 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.11 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.11 of 2018, on the file of the 1st respondent police, is quashed and the terms of joint memo of compromise shall form part and parcel of this order. Consequently, the connected Miscellaneous Petition is also closed.

*Xerox copy of Memo of Compromise enclosed Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar uma To

1. The Inspector of Police, W-30, All Women Police Station, Poonamallee, Chennai-600 056

2. The Public Prosecutor, High Court of Madras +2ccs to Mr.M.Kempraj, Advocate, SR.No.8412 Crl.O.P No.17003 of 2019 and Crl.M.P No.8551 of 2019 GPL(CO) KKV/24/03/2021 https://hcservices.ecourts.gov.in/hcservices/