Jenifer v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.20786 of 2020

1. Jenifer

2. Sesammal

3. Surekha Ahilan Petitioners/Accused 1 to 3 vs.

1. State Represented by The Inspector of Police, W-35, All Women Police Station, Tambaram, Chennai - 600 045.

..Ist respondent/complainant

2. Mrs.Motcha Rackini ..Respondents/Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.14 of 2018 and to accept the compromise and quash the proceedings pending against the petitioners in Crime No.14 of 2018 dated 12.10.2018 pending on the file of 1st respondent. For Petitioners : Mr.K.Balasubramaniam For Respondents : Mr.M.Mohammed Riyaz Additional Public Prosecutor for R1 Mr.Infant Dinesh for R2

ORDER

The Criminal Original Petition has been filed to call for the records in Crime No.14 of 2018 pending investigation on the file of 1st respondent and to quash the same.

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 and affidavit of the 2nd respondent has been filed before this Court which have been signed by the petitioners and the respondent and also by their respective counsel. The petitioners and the second respondent were also present through Video conferencing and they were https://hcservices.ecourts.gov.in/hcservices/

identified by Ms.Vijayakumari, Inspector of Police, W-35, All Women Police Station, Tambaram, Chennai - 600045, who was also present at the time of hearing through Video conferencing. 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.14 of 2018. 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.14 of 2018 pending on the file of the Inspector of Police, W-35, All Women Police Station, Tambaram, Chennai - 600 045.

5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.14 of 2018, on the file of the Inspector of Police, pending, is quashed and the terms of affidavit shall form part and parcel of this order. Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar *Here enclose xerox copy of Memo of Compromise ssr To

1. The Inspector of Police, W-35, All Women Police Station, Tambaram, Chennai - 600 045.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.K.Bala Subramaniam Advocate sr2643 Crl.O.P No.20786 of 2020 pvs(co) aa03/02/2021 https://hcservices.ecourts.gov.in/hcservices/