Murugesan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP No.22092 of 2023 Murugesan

...Petitioner/Accused

.Vs.

1.The State rep.by The Inspector of Police All Women Police Station Kanchipuram.

1st Respondent / Complainant 2.Sainathprabhu ..2nd respondent/ De facto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash all the proceedings against the petitioner/accused in Crime No.8 of 2023 dated 4.3.2023, pending on the file of respondent police.

For Petitioner : Mr.L.Narayanan For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1

ORDER

This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.8 of 2023, pending on the file of first respondent police.

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.The victim girl-Lakshmipriya was present before this Curt. She stated that she is now studying 2nd year B.Com at Pachayappa's Women College. She further stated that she is no longer interested in prosecuting the criminal case against the petitioner. She was present along with her father Sainathprabhu, who is the de facto complainant in this case. He also stated that he does not want to prosecute the criminal case against the petitioner. 4.Memo of Joint Compromise Memo dated 11.09.2023 signed by both the petitioner and second respondent/complainant and their respective counsel has been filed before this Court. In the Affidavit, it has been stated that the parties have entered into a compromise and amicably settled their issues in Crime No.8 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. 5.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.

advised by the Hon'ble Supreme 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 FIR in Crime No.8 of 2023, pending on the file of first respondent. 6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.8 of 2023, pending on the file of first respondent is quashed in entirety and the terms of memo of joint compromise shall form part and parcel of this order.

23.01.2024 Speaking Order/Non-Speaking Order Index: Yes/No Internet: Yes/No kp To 1.The Inspector of Police All Women Police Station Kanchipuram.

2.The Public Prosecutor, High Court of Madras, Madras.

N.ANAND VENKATESH.J.,

kp CRL.OP No.22092 of 2023 23.01.2024