R. Suresh,33 Yrs, v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.03.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8876 of 2017 and CRL.M.P.No.6394 of 2017 1.R.Suresh 2.Mahalakshmi 3.G.Rameshchandran
...Petitioners/Accused
Vs.
1.State represented by, The Inspector of Police, W-3, All Women's Police Station, Triplicane, Chennai.
(Crime No.8 of 2015)
...Respondent/Complainant
2.C.Keerthiga
...Respondent/De-facto Complainant
PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to Crime No.8 of 2015 pending on the file of the first Respondent Police and quash the same.
For Petitioners: Mr.T.Gowthaman For Respondents: Mr.M.Mohamed Riyaz for R1 Additional Public Prosecutor Mr.D.Shankar for R2
ORDER
This Criminal Original Petition has been filed to quash the proceedings in Crime No.8 of 2015, pending on the file of the first Respondent Police.
2.The case is still in the stage of investigation. By passage of time, the second respondent has decided to bury her hatchet and compromise the dispute amicably.
3.A Memo has been filed by the second respondent before this Court which has been signed by the second respondent and also by her respective counsel. All the parties are present and identified by their respective counsel and the Police. In order
to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. This Court also enquired the second respondent and was satisfied that the second respondent has come to an amicable settlement with the first petitioner.
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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.8 of 2015.
5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.8 of 2015, on the file of the Inspector of Police, W-3, All Women's Police Station, Triplicane, Chennai is quashed and the terms of Memo shall form part and parcel of this Order. Each of the petitioners shall pay jointly a sum of Rs.5,000/-, as costs, to Udhavum Karangal, No.460, 25th Street, NSK Nagar, Arumbakkam, Chennai - 600 106 (Old age home/orphanage), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, connected miscellaneous petition is closed.
-s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar pam To 1.The Inspector of Police, W-3, All Women's Police Station, Triplicane, Chennai.
(Crime No.8 of 2015) 2.The Public Prosecutor, High Court, Chennai - 104.
3. The Section officer Criminal Section High court, Madras 104.
(for reporting compliance)
Copy to Udavum Karangal No.460, 25th Street NSK Nagar, Arumbakkam Chennai 600 106.
(old age Home/Orphanage) +1 CC to Mr.S.Shankar, Advocate sr 26339.
Crl.O.P.No.8876 of 2017 and CRL.M.P.No.6394 of 2017 AK(CO) SP(09/04/2019)