M.Kuppu Rao v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2022

CORAM:

THE HONOURABLE MS JUSTICE R.N.MANJULA and Crl.M.P.No.16820 of 2022

1. M.Kuppu Rao

2. K.Prasanth

3. K.Ananthan @ Anand Raj

...Petitioners

Vs.

1.The State rep. by Inspector of Police, Vengal Police Station, Tiruvallur District.

(Crime No.124 of 2020) 2.Pavithra

...Respondents

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to Crime No.124 of 2020 on the file of the Inspector of Police, Vengal Police Station, Tiruvallur District and quash the same.

For Petitioners : Mr.M.Mohamed Mozammil For 1st Respondent : Mr.E.Raj Thilak Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition is filed to call for the records pertaining to the FIR in Crime No.124 of 2020 on the file of the Inspector of Police, Vengal Police Station, Tiruvallur District and quash the same as illegal.

2. The petitioners and the defacto complainant are relatives and there is a family dispute between the themselves and due to which the case has been registered in Crime No.124 of 2020 for the offences under Sections 294 (b), 323 and 506 (1) of I.P.C and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002.

3. Today, when the matter is taken up for hearing, it is submitted that the parties have settled the issue amicably. A joint compromise memo, dated 31.10.2022 has also been filed to that effect. The defacto complainant is willing to go in peace with the petitioners since they are her relatives.

4. The petitioners and the defacto complainant were present before 2/4

this Court and they were identified by the Police viz., Mr.R.Venkatesalu, Vengal Police Station, Tiruvallur District. In order to identify the respective parties, they have also produced the copies of the Aadhaar Cards. The terms of compromise were read over to the petitioners and the second respondent. They accepted it to be true and stated that it has been entered between themselves without any coercion or influence.

5. In view of the compromise, the defacto complainant does not want to pursue the matter any further. Under such circumstances, no useful purpose will be served in keeping the proceedings. Therefore, in the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641 reported in Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath, this Court in exercise of power under Section 482 Cr.P.C. prefers to quash the proceedings in Crime No.124 of 2020, on the file of the 1st respondent.

6. In the result, this Criminal Original Petition stands allowed and as a sequel, the further proceedings in Crime No.124 of 2020 on the file of the 3/4

R.N.MANJULA,J.

vum 1st respondent, is quashed in terms of compromise. The terms of Joint Compromise Memo shall form part of this Order. Consequently, connected miscellaneous petition is closed.

09.11.2022 vum Index:yes/No Speaking order / Non speaking order To

1. The Inspector of Police, Vengal Police Station, Tiruvallur District.

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

and Crl.M.P.No.16820 of 2022 4/4