Ganesh Arun v. State Of Tamilnadu Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.17167 of 2023 Ganesh Arun, M-33 S/o.Ramadoss ... Petitioner/De facto Complainant vs.
1.State of Tamil Nadu Rep. By The Inspector of Police W-1, All Women Police Station Thousand Lights Chennai.
...1st Respondent/Complainant (Crime No.5 of 2023) 2.Jayashree (F/A-29) D/o.Shivanandan Mudliyar ..2nd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to FIR in Crime No.5 of 2023, pending on the file of W-1, All Women Police Station, Thousand Lights, Chennai District and quash the same by allowing this Criminal original peition. 1/4
For Petitioner : Mr.C.Raghavan For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] *****
O R D E R
This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.5 of 2023, pending on the file of first 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. A Joint Memo of Compromise dated 06.07.2023 signed by both petitioner and second respondent/de facto complainant and their respective counsel has been filed before this Court. A Compromise affidavit dt.11.7.2023, has also been filed by the second respondent/de-facto complainant before this Court. The petitioner and second respondent were also present in person before this Court and they were identified by Ms.J.Sarumathy, S.I. of Police, W1 AWPS, Thousand Lights, Chennai. In the affidavit it has been stated that the petitioner and the second respondent have entered into a compromise and 2/4
amicably settled their issues in Crime No.5 of 2023, pending on the file of first respondent. 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 case 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 FIR in Crime No.5 of 2023, pending on the file of first respondent.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.5 of 2023, pending on the file of first respondent is quashed and the terms of affidavit shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1,500/- (Rupees One thousand five hundred only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period 3/4
of N. ANAND VENKATESH., J KP two weeks from the date of receipt of copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. 6.Post this case for reporting compliance on 23.8.2023. 04.08.2023 Index : Yes/No Speaking Order/Non-Speaking Order KP Note: Issue order copy on 11.8.2023 To
1. The Inspector of Police W-1, All Women Police Station Thousand Lights 2.The Public Prosecutor, High Court of Madras, Madras.
Crl.O.P No.17167 of 2023 for reporting compliance on 23.8.2023 4/4