D.Hem Senthilraj v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P. No.16113 of 2022 1.D.Hem Senthilraj 2.R.Devaraj 3.D.Ambiga .. Petitioners

Versus

1.The State Rep. by The Inspector of Police K1, Sembium Police Station Perambur, Chennai 2.V.Dhivya .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash all further consequential proceedings in Cr.No.501 of 2019 under Sections 294(b), 324 and 506(ii) of I.P.C read with Section 4 of Women Harassment Act, pending investigation on the file of the 1st respondent police.

For Petitioners : Mr.K.T.Devendran For Respondents : Mr.E.Raj Thilak for R1 Additional Public Prosecutor Mr.G.Paul Einstein for R2

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in Cr.No.501 of 2019 under Sections 294(b), 324 and 506(ii) of I.P.C read with Section 4 of Women Harassment Act, pending investigation on the file of the 1st respondent police.

2. As the parties have decided to compromise the dispute amicably among themselves, they have filed the present petition to quash the proceedings in view of the compromise entered between the parties.

3. The petitioners and the second respondent are present before this Court and they were identified by Mr.K.Muralidharan, Sub Inspector of Police, K-1, Sembium Police Station, who is also present at the time of hearing. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and it is made part of the record. In the petition it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Cr.No.501 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 Supreme 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. is inclined to quash the case in Cr.No.501 of 2019, pending on the file of the 1st respondent police.

5. According, this Criminal Original Petition stands allowed and the proceedings in Cr.No.501 of 2019 on the file of the 1st respondent police. 12.07.2022 dhk

N. SATHISH KUMAR, J.

dhk To 1.The Inspector of Police K1, Sembium Police Station Perambur, Chennai 2.The Public Prosecutor, High Court of Madras.

Crl.O.P. No.16113 of 2022 12.07.2022