Roshi v. The State Rep.By Its,

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.16699 of 2022

1. Roshi

2. Pavithra

3. Gunalan

4. Jagan

...Petitioners

Vs.

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

(Crime No.123 of 2020) 2.Vasantha

...Respondents

Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to Crime No.123 of 2020 on the file of the Inspector of Police, Vengal Police Station, Tiruvallur District and quash the same.

For Petitioners : Mr.S.Sundar Kumar 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.123 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.123 of 2020 for the offences under Sections 294 (b), 323 and 506 (2) of I.P.C.

3. Today, when the matter is taken up for hearing, it is represented that the defacto complainant is no more. Hence, the husband of the defacto complainant has come forward to settle the dispute amicably with the petitioners. A joint compromise memo, dated 31.10.2022 has also been filed to that effect. The allegations made by the defacto complainant are personal in nature and the husband of the defacto complainant is willing to go in peace with the petitioners who are his relatives. 2/4

4. The husband of the defacto complainant and all the petitioners were present before this Court and they were identified by the Police viz., Mr.R.Venkatesalu, Vengal Police Station, Tiruvallur District, Contact No:9498147818. In view of the compromise, the husband of the defacto complainant does not want to pursue the matter further.

5. Under such circumstances, no useful purpose will be served in keeping the proceedings pending since the offences are non compoundable in nature. 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.123 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.123 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, dated 31.10.2022 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.16699 of 2022 4/4