P.G. Dinesh Kumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :17.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE V. SIVAGNANAM P.G.Dinesh Kumar ... Petitioner Vs.

1. State rep.by The Inspector of Police AWPS at Tambaram, Chennai 600 045.

2. K.Roslin ...

Respondents Prayer :- Criminal Original Petition filed under Section 482 of Cr.P.C. praying to quash the FIR in Crime No.31 of 2021 pending on the file of the first respondent.

For Petitioner :

Mr.E.Dharmaraj For Respondents :

Mr.E.Raj Thilak Addl.Public Prosecutor for R1 Mr.S.M.Raghuram for R2

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.31 of 2021 pending on the file of the Inspector of Police, AWPS at Tambaram, Chennai.

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 in the Mediation Centre attached to this Court.

3. A copy of the Joint Memo of Compromise has been filed before this Court which has been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent are also present before this Court and they are identified by the Inspector of Police, AWPS at Tambaram, Chennai. In order to identify themselves, 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 petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.31 of 2021. 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 FIR in Crime No.31 of 2021 on the file of the Inspector of Police, AWPS at Tambaram, Chennai.

5. In the light of the guidelines issued in the above said Judgments of the Hon'ble Apex Court, no useful purpose will be served in keeping the FIR in Crime No.31 of 2021 pending before the Inspector of Police, AWPS at Tambaram, Chennai, even though, the offences involved are not compoundable in nature.

6. Accordingly, this Criminal Original Petition stands allowed and as a

sequel, the FIR in Crime No.31 of 2021, on the file of the Inspector of Police, AWPS at Tambaram, Chennai is quashed and the terms of joint compromise memo shall form part and parcel of this order. 17.10.2022 (2/2) Index : Yes/No Speaking/Non speaking order dpq

To

1. The Inspector of Police AWPS at Tambaram, Chennai 600 045.

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

V. SIVAGNANAM, J.

dpq (2/2) 17.10.2022