Navaneethakrishnan @ Naresh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.20511 OF 2021 AND CRL.M.P.NO.11150 OF 2021 1.Navaneethakrishnan @ Naresh (M/22 years) S/o.Ramu, No.80/30, Madhavan Kadu, Karungalpalayam, Erode - 638 003.

2.Ramu (M/68 years) S/o.Ayyanar, No.80/30, Madhavan Kadu Karungalpalayam, Erode - 638 003.

3.Dhanalakshmi (M/62 years), W/o.Ramu, No.80/30, Madhavan Kadu Karungalpalayam, Erode - 638 003.

...Petitioners

Vs 1.State rep. by The Inspector of Police, All Women Police Station, Erode.

(Crime No.16/2021) 2.S.Dharani, F/22 years, D/o.Sivakumar, No.20/A, Pumping Station Road, Thiru Nagar Colony, Erode 638 003.

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in connection with the impugned FIR in Crime No.16 of 2021 on the file of the 1st Respondent and quash the same. For Petitioners :

Mr.S.Senthilkumar For Respondents :

Mr.A.Damodaran (for R1) Additional Public Prosecutor

O R D E R

This petition has been filed to call for the records in connection with the FIR in Crime No.16 of 2021 on the file of the 1st Respondent and 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 consent affidavit has been filed before this Court which is signed by the Petitioners and the 2nd Respondent. In the affidavit, it is stated that since the 1st Petitioner refused to marry the 2nd Respondent, the impugned FIR has been registered against the Petitioners but subsequently, both the parties and their parents agreed to perform the marriage. Therefore, the Petitioners and the 2nd Respondent have entered into a compromise and amicably settled their issues in Crime No.16 of 2021. This Court enquired both the 1st Petitioner and the 2nd Respondent, who are major, 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 Supreme Court in the case of 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., inclined to quash the First Information Report in Crime No.16 of 2021.

5.The Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.16 of 2021, pending on the file of the 1st Respondent, is quashed and the terms of affidavit shall form part and parcel of this order. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-VII) // True Copy // Sub Assistant Registrar sai

To 1.The Inspector of Police, All Women Police Station, Erode.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Senthilkumar, Advocate SR.No.56572 Crl.O.P.No.20511 of 2021 PA(CO) RVM(30/11/2021)