Ganesh v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

1. Ganesh

2. Baby Yammal .. Petitioners

Versus

1. The State represented by Inspector of Police, AWPS - Thiruvallur Police Station, Thiruvallur District.

(Crime No.17 of 2021)

2. Brindha .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the F.I.R in Crime No.17 of 2021 on the file of the Inspector of Police, A.W.P.S - Thiruvallur district and to quash the same in respect of the petitioner is concerned and to allow the above Criminal Original Petition.

For Petitioners : Mr.V.Arun Kumar For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side) for R1 : M/s.R.Rajadurai for R2

ORDER

1/5

The Criminal Original Petition has been filed to quash the F.I.R in Crime No.17 of 2021, pending on the file of the first 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 supporting affidavit of the second respondent / de-facto complainant and the joint memo of compromise entered into between the petitioners and the second respondent / de-facto complainant have been filed before this Court. The petitioners and the second respondent were also present in person before this Court. In the affidavit, it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.17 of 2021. 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 2/5

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 State of Madhya Pradesh Vs. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 of Cr.P.C., quashes the First Information Report in Crime No.17 of 2021, on the file of the first respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.17 of 2021, on the file of the first respondent Police, is quashed and the terms of affidavit of the second respondent / defacto complainant shall form part and parcel of this order. 18.08.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Public Prosecutor, High Court of Madras.

3/5

2. The Inspector of Police, Kanai Police Station, Villupuram.

4/5

N.ANAND VENKATESH, J.

grs 18.08.2023 5/5