S.Manikandan v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.17075 OF 2021 AND CRL.M.P.NO.9337 OF 2021 1.S.Manikandan 2.M.Dinesh Kumar ... Petitioners
Versus
1. The State Rep. by, Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu District.
2. Saranya ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records culminating in the FIR in Crime No.605 of 2021, pending on the file of the 1st respondent i.e., The Inspector of Police, Chengalpattu Taluk Police Station, quash the same. For Petitioners : Mr.Ali Hassan Khan For R1 : Mr.A.Damodaran, Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to quash the FIR in Crime No.605 of 2021, dated 30.07.2021 on the file of the 1st respondent Police.
2.The case of the prosecution is that on 27.07.2021, due to previous enmity, the petitioners assaulted the husband of the 2nd respondent during night hours, due to which he sustained grievous injuries and was admitted in the CMC Hospital, Chengalpet. On the next day i.e., on 28.07.2021, at about 02.00 a.m., the petitioners again went to the house of the 2nd respondent and threatened and assaulted her. When her motherin-law prevented the same, she was also assaulted by the petitioners. Hence, the 2nd respondent lodged a complaint before the 1st respondent Police and the same was registered in Crime https://hcservices.ecourts.gov.in/hcservices/
No.605 of 2021, for offence under Sections 354, 294(b), 324, 506(ii) of IPC r/w Section 4 of the Tamil Nadu Prohibition of Women Harassment Act, 2002.
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.An affidavit of the 2nd respondent, dated 29.09.2021 has been filed before this Court. The petitioners and the 2nd respondent are present through Video conferencing. 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 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.605 of 2021, on the file of the 1st respondent Police. 6.This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.605 of 2021, on the file of the 1st respondent police, is quashed against the petitioner. Consequently, the connected Miscellaneous Petition is closed.
1. The Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu District.
2. The Public Prosecutor, High Court, Madras.
+1cc to M/s.P.Dinesh Kumar, Advocate, S.R.No.50931 CRL.O.P.No.17075 of 2021 SR-II(CO) RLP(01/11/2021) https://hcservices.ecourts.gov.in/hcservices/