Dhansekaran v. The Inspector Of Police,

In the High Court of Judicature at Madras Dated : 12.1.2024 Coram :

The Honourable Mr.Justice N.ANAND VENKATESH Criminal Original Petition No.23202 of 2023 Dhanasekaran

...Petitioner

Vs 1.The Inspector of Police, SRMC All Women Police Station, Avadi City, Thiruvallur.

2.Kannagi

...Respondents

PETITION under Section 482 of the Criminal Procedure Code praying to call for the records relating to the proceedings in Crime No. 14 of 2023 on the file of the first respondent and quash the same. For Petitioner :

Mr.V.Bhagiradhan For R1 :

Mr.A.Gopinath, GA (Crl.Side) For R2 :

Mr.P.Narayana Prasad

ORDER

This Criminal Original Petition has been filed seeking to quash the proceedings in Crime No.14 of 2023 on the file of the first 1/4

respondent.

2. At the instance of the second respondent, the case has been registered by the first respondent against the petitioner under Sections 417, 420 and 376 of the Indian Penal Code. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A Joint Compromise Memo dated 19.9.2023 signed by both the petitioner and the second respondent namely the de facto complainant has been filed before this Court. The second respondent also filed a separate affidavit dated 19.9.2023 before this Court. The petitioner and the second respondent are also present before this Court and they are identified by Ms.K.Gracy, Special Sub-Inspector of Police, SRMC All Women Police Station, Avadi. In the joint compromise memo, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.14 of 2023 on the file of the first respondent. This Court has also enquired both the parties and is satisfied that the parties have come to an amicable settlement between themselves. 2/4

4. 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 in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath [reported in 2017 (9) SCC 641] and after exercising due caution as advised by the Hon'ble Supreme Court in the case of 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 the Criminal Procedure Code, quashes Crime No.14 of 2023 on the file of the first respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.14 of 2023 is quashed and the terms of Joint Compromise Memo dated 19.9.2023 and the terms of affidavit dated 19.9.2023 filed by the second respondent shall form part and parcel of this order.

12.1.2024 RS 3/4

N.ANAND VENKATESH,J RS To 1.The Inspector of Police, SRMC All Women Police Station, Avadi City, Tiruvallur.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.23202 of2023 12.1.2024 4/4