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Madras High CourtCRL OP/19849/2023allowed

K.Renuka Devi v. State Rep By

2024-02-05Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2024

CORAM

THE HON'BLE MR. JUSTICE N. ANAND VENKATESH CRL.O.P. No. 19849 of 2023 & CRL.M.P.No. 13428 of 2023 K. Renuka Devi ..Petitioner Vs.

1.

State represented by The Inspector of Police, R-5 Virugambakkam Police Station, Chennai - 600 092.

Ms. Karpagam ..Respondents Prayer:

Criminal Original Petition filed under Section 482 of Criminal Procedure Code to call for records and to quash the FIR in Crime No. 812 of 2022 dated 27.12.2022 as far as the petitioner is concerned, pending on the file of the 1st respondent.

For Petitioner ::

Mr.I. Syed Sibghatulla For Respondents ::

Mr.A. Gopinath, Govt. Advocate (Crl.Side) for R1

O R D E R

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This Criminal Original petition has been filed on the ground that the matter has already been compromised between the petitioner and the 2nd respondent.

The learned counsel for the petitioner brought to the notice of this Court the bail order that was passed in Crl MP No.18 of 2023 dated 03.01.2023 and the relevant portion in the order is extracted hereunder :- 3.

Heard both. Records perused. From records it would clear that accused was remanded on 30.12.2022. At this stage, the investigation might be completed. There is no previous conviction against the accused. The defacto complainant appeared before this Court and filed an affidavit stating that, they compounded the offence. At this stage, this accused are entitled for bail. Any other possible objections of the prosecution with regard to absconding of accused and tampering of evidence and commission of further offence could be compensated inform of bail conditions. Hence, it is decided to allow the application on the following terms and conditions: 3.

This Court wanted to enquire the 2nd respondent before recording the compromise between the parties. Hence, this Court directed the learned Government Advocate to instruct the police to bring the 2nd respondent before the Court in order to ascertain the factum regarding compromise from the 2nd respondent. Accordingly, the matter was posted for 2\4

hearing today.

4.

The 2nd respondent was present before this Court. She categorically stated that the matter has been compromised and that the case itself can be closed.

5.

Considering the above statement made by the 2nd respondent, no useful purpose will be served in keeping the FIR pending. Hence, the FIR in Crime No. 812 of 2022 dated 27.12.2022 is quashed. 6.

This Criminal Original Petition stands allowed. Consequently, the connected miscellaneous petition stands closed. 05.02.2024 Index : Yes/No Speaking Order/Non-Speaking Order rka To 1.

The Inspector of Police, R-5 Virugambakkam Police Station, Chennai - 600 092.

The Public Prosecutor, High Court, Madras.

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N. ANAND VENKATESH,J.

rka 05.02.2024 4\4