S.Raman Bhatt v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH 1.S.Raman Bhatt S/o.Sushil Kumar 2.Richa @ Richa Bhatt D/o.Sushil Kumar ... Petitioners vs.

1.State represented by The Inspector of Police, W-18, AWPS, M.K.B Nagar, Chennai - 600 039.

Crime No.5 of 2023 2.Rithika D/o.Raja ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records in Crime No.5 of 2023 on the file of Inspector of Police, W-18 AWPS, M.K.B Nagar Police Station, Chennai - 600 039 and quash the same.

For Petitioners : Mr.J.Saravana Kumar For Respondents : Mr.A.Gopinath Government Advocate [Crl.side][R1] ***** 1/5

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings 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 compromise affidavit has been filed by the second respondent/defacto complainant before this Court. The petitioners and second respondent were also present in person before this Court and they were identified by Ms.G.Revathi, Woman Head Constable 25194, W-18 All Women Police Station, M.K.B. Nagar [90944 73172]. In the affidavit it has been stated that the petitioners and the second respondent have entered into a compromise and 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 2/5

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.

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. 07.08.2023 Index : Yes/No Speaking Order/Non-Speaking Order gm To 1.The Inspector of Police, W-18, AWPS, M.K.B Nagar, Chennai - 600 039.

Crime No.5 of 2023 2.The Public Prosecutor, High Court of Madras, Madras.

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N. ANAND VENKATESH., J gm 07.08.2023 4/5

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