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Madras High CourtCRL OP/22159/2022allowed

P.Priya v. State Rep By

2022-09-14Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.09.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Priya

...Petitioner

Vs.

1.State Rep. by Inspector of Police, Karimangalam Police Station, Dharmapuri District.

2.K.Ponnurangan

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to Crime No.61/2020 on the file the Inspector of Police, Karimangalam Police Station, Dharmapuri District and quash the same.

For Petitioner : M/s.Reshmi Christy For Respondents : Mr. S.Santhosh Government Advocate (Crl.side) For R1

ORDER

This Criminal Original Petition has been filed to call for the records connected with the case in Crime No.61 of 2020 on the file of the Inspector of Police, Karimangalam Police Station, Dharmapuri District 1/4

and quash the same.

2.

The case is still in 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 both the petitioner and the de-facto complainant before this Court, which has been signed by both the parties and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card and it is made part of the record. 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 6412/4

(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.61 of 2020.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.61 of 2020, on the file of the Inspector of Police, Karimangalam Police Station, Dharmapuri District is quashed and the terms of compromise affidavit filed by the petitioner and the de-facto complainant shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the credit of Chief Justice Relief Fund, High Court of Madras 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.

14.09.2022 Internet: Yes Index : Yes/No Speaking/Non speaking order mpl 3/4

G.K.ILANTHIRAIYAN. J, mpl To 1.The Inspector of Police, Karimangalam Police Station, Dharmapuri District.

2.The Public Prosecutor, High Court, Madras.

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