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Madras High CourtCRL OP/27421/2022allowed

N.I.Jeyanthan v. State Rep By

2023-08-31Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

1. N.I.Jeyanthan S/o.T.Nagappan

2. K.Indirani W.o.T.Nagappan

3. Ruthran @ N.I.Indira Kumar, S/o.T.Nagappan

4. T.Nagappan S/o.Thandan

...Petitioners

Vs

1. State by, The Inspector of Police, W-29, All Women Police Station, Avadi, Chennai - 54.

Cr.No.17 of 2022

2. Revathi, W/o.Jeyanthan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to call for the records pertaining to the 1/4

FIR pending on the file of the respondent police namely the Inspector of Police, W29, All Women Police Station, Avadi in Crime No.17/2022 and quash the same.

For Petitioners : Mr.D.Arul Thumilan For Respondents : Mr.A.Gopinath Government Advocate [Crl.Side] [R1] Mr.S.Deivaneethi for Mr.S.Yuvraj [R2] *****

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in Crime No.17 of 2022 pending on the file of first respondent.

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. A joint compromise affidavit has been filed by both the parties before this Court. The petitioners and second respondent were also present in person before this Court. In the affidavit it has been stated that the 2/4

petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.17 of 2022 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.

4. There are only three accused persons in this case as can be seen from the FIR and hence, the name of the fourth petitioner is deleted.

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. State of Gujrath) and after exercising due caution as advised by the Hon'ble Suprme 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.17 of 2022 pending on the file of first respondent. 3/4

N.ANAND VENKATESH, J mp This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.17 of 2022 pending on the file of first respondent is quashed and the terms of affidavit shall form part and parcel of this order. 31.08.2023 Index : Yes/No Speaking order:Yes/No mp To

1. The Inspector of Police, W-29, All Women Police Station, Avadi, Chennai - 54.

Cr.No.17 of 2022.

2.The Public Prosecutor, High Court, Madras.

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