Pradeep Kumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH 1.Pradeep Kumar 2.Archana 3.Premalatha Petitioners vs.

1.State by The Inspector of Police, All Women Police Station (East), Coimbatore 2.S.Vidhya Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to C.C.No.628 of 2021 on the file of the learned Additional Mahila Court, Coimbatore and quash the same.

For Petitioners : M/s. G.Ashokkumar For Respondent 1 :Mr. A. Damodaran, Additional Public Prosecutor 1/5

ORDER

The Criminal Original Petition has been filed to quash the proceedings in C.C.No.628 of 2021.

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 Joint Memo of Compromise and the affidavit of the second respondent have been filed before this Court which have been signed by the petitioners and the defacto complainant and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mrs.V.Mary, Woman Police Constable, AWPS East Coimbatore City (Mob. No.6383175266). In the joint compromise memo and the affidavit of the second respondent, it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in C.C.No.628 of 2021. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. 2/5

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.231 of 2023, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.628 of 2021 is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. 15.09.2023 nl Index : Yes/No Speaking Order/Non-Speaking Order 3/5

To The Inspector of Police, All Women Police Station (East), Coimbatore.

2. The Public Prosecutor, High Court, Madras 4/5

N. ANAND VENKATESH, J.

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