Ghaniwala Mehboob Ibrahim v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.16141 of 2023 Ghaniwala Mehboob Ibrahim (M/24 y) ... Petitioner vs.

1.State by The Inspector of Police Cyber Crime Police Station Central Crime Branch Vepery, Chennai 600 007.

2.S.Balakrishnan ..Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash the FIR in Cyber Crime P.S.No.95 of 2023, on the file of the Inspector of Police, Cyber Crime Police Station, Central Crime Branch, Vepery, Chennai 600 007.

For Petitioner : Mr.Prakash Goklaney For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 *****

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.95 of 2023, pending on the file of the 1st respondent.

2. The case is still at the stage of investigation. The parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The 2nd respondent was present before the Court and he categorically stated that he has compromise the dispute with the petitioner and they were identified by Mr.B.Mohamed Ansar, Cyber Crime PS, CCB (Mobile No.9884179255). The petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.95 of 2023. 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 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.95 of 2023 , on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the investigation Crime in No.95 of 2023, on the file of the 1st respondent police, is hereby quashed and the terms of undertaking given by the petitioner before this court shall form part of the order. The petitioner shall pay a sum of Rs.1500/- (Rupees One Thousand and 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 of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

20.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order KP

N. ANAND VENKATESH, J.

KP To 1.The Inspector of Police Cyber Crime Police Station Central Crime Branch Vepery, Chennai 600 007.

2. The Public Prosecutor, Puducherry.

Crl.O.P No.16141 of 2023 20.07.2023