M.Kumarasamy v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.22309 of 2023 M.Kumarasamy ... Petitioner/Accused .vs.
1.The State rep.by Inspector of Police F.2, Egmore Police Station Chennai-600 008.
..Respondent /Complainant 2.Mrs.J.Jeyavani .. De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records made in Crime No.109 of 2023, on the file of F.2, Egmore Police Station, Chennai-8 and quash the same. For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1 Mr.M.K.Sasikumar for R2 1/4
O R D E R
This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.109 of 2023, pending on the file of first respondent.
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 Memo of Compromise dated 06.08.2023 signed by both petitioner and the second respondent has been filed before this Court. An affidavit has also been filed by the second respondent/de-facto complainant before this Court. In the Memo of Compromise, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.109 of 2023, pending on the file of first respondent. 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 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 State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 2/4
MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C, quash the FIR in Crime No.109 of 2023, pending on the file of first respondent. 5.This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.109 of 2023, pending on the file of first respondent is quashed and the terms of Memo of Compromise and affidavit shall form part and parcel of this order.
02.01.2024 Index : Yes/No Speaking Order/Non-Speaking Order KP To 1.Inspector of Police F.2, Egmore Police Station Chennai-600 008.
2.The Public Prosecutor, High Court of Madras, Madras.
N. ANAND VENKATESH., J KP 3/4
Crl.O.P No.22309 of 2023 02.01.2024 4/4