M.Rajbabu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

1. M.Rajbabu

2. Murugesan

3. Tamilselvi

4. M.Vijayalakshmi .. Petitioners

Versus

1. The State represented by its Inspector of Police, W-19, All Women Police Station, Adyar, Chennai - 600 020.

2. Hemalatha .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash the F.I.R in Cr.No.11 of 2019 on the file of the 1st respondent herein.

For Petitioners : Mr.A.Arumugam For Respondents : Mr.A.Damodaran Additional Public Prosecutor, for R1 : Mr.J.Chelladurai Caldwell for R2 1/6

ORDER

The Criminal Original Petition has been filed to quash the F.I.R in Crime No.11 of 2019, 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 affidavit dated 16.08.2023 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. They are identified by M/s.E.Vijaya Kumari, Inspector of Police, W-19 All Women Police Station, Adyar. 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.11 of 2019. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. 2/6

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 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.11 of 2019, on the file of the first respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.11 of 2019, on the file of the first respondent Police, is quashed and the terms of affidavit filed by the second respondent / de-facto complainant shall form part and parcel of this order. 12.09.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs 3/6

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To

1. The Inspector of Police, W-19, All Women Police Station, Adyar, Chennai - 600 020.

2. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs 12.09.2023 6/6