R.Sakthivel v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.16213 OF 2021 R.Sakthivel ... Petitioner Vs

1. The Inspector of Police, Kaveripattinam Police Station, Kirshnakiri District.

2. Apoorva ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.1402 of 2020 pending on the file of the 1st respondent to quash the same in view of the compromise entered into both parties.

For Petitioner :

Mr.P.Muthamizh Selvakumar For Respondent :

Mr.E.Raj Thilak No.1 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.1402 of 2020, dated 16.12.2020, on the file of the 1st respondent Police.

2. The case of the prosecution is that the defacto complainant and the petitioner are studying in the same College and that the petitioner proposed his love to the defacto complainant, but the same was refused by her. Further, the petitioner approached the defacto complainant continuously and while the defacto complainant was returning home, at Krishnakiri bus stand, the petitioner intercept her and threatened her to accept his love, otherwise, he will kill her father and family. https://hcservices.ecourts.gov.in/hcservices/

Thereby, the defacto complainant consumed poison and she was admitted in hospital. Hence, the complaint was registered.

3. 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.

4. A joint memo of compromise, dated 15.08.2021, has been filed in this regard. In the joint memo of compromise, it has been stated that the issue has been settled between the parties amicably without any third party influence or compulsion. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

5. 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., quashes the First Information Report in Crime No.1402 of 2020, on the file of the 1st respondent Police.

6. This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.1402 of 2020, on the file of the 1st respondent police, is quashed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar sli To

1. The Inspector of Police, Kaveripattinam Police Station, Kirshnakiri District.

2. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.16213 of 2021 BP(CO) RLP(20/12/2021) https://hcservices.ecourts.gov.in/hcservices/