Enoch Raju.B v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH And Crl.M.P.No.14851 of 2023 1.Enoch Raju.B 2.Ashokarathnam 3.Lalitha ... Petitioners Vs.

1.State by Inspector of Police All Women Police Station, Ambattur, Chennai.

2.Swarnarathinam ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records pertaining to FIR in Crime No.12 of 2020 on the file of the first respondent police and quash the same.

For Petitioners : Mr.A.M.O.Gurunarayana Rao For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side)

O R D E R

The criminal original petition has been filed seeking to quash the 1/4

F.I.R. in Crime No.12 of 2020, 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 Joint Memo of Compromise dated 11.10.2023 has been filed before this Court which have been signed by the petitioners and the second respondent. The petitioners and the second respondent were also present in person before this Court. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and they are made part of the record. In the Joint Memo of Compromise it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.12 of 2020. 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 First Information Report pending, even though, the 2/4

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 Cr.P.C. quashes the First Information Report in Crime No.12 of 2020, on the file of the first respondent Police.

5.This criminal original petition stands allowed and as a sequel, the proceedings in Crime No.12 of 2020, on the file of the first respondent police, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. 6.This criminal original petition stands allowed. Consequently, the connected miscellaneous petition is closed. 02.02.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

N.ANAND VENKATESH,J.

pri To 1.The Inspector of Police All Women Police Station, Ambattur, Chennai.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

And Crl.M.P.No.14851 of 2023 02.02.2024 4/4