Elumalai, Aged 57 Years, v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.1619 of 2017 Elumalai

...Petitioner

Vs.

1.State by, represented by:

The Inspector of Police, W-18, All Women Police Station, M.K.B.Nagar, Chennai-39.

(Crime No.2 of 2015) 2.Selvi

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the FIR in Crime No.2 of 2015 pending on the file of Inspector of Police, W-18, All Women Police Station, M.K.B.Nagar, Chennai-39. For Petitioner : Mr.C.V.Kumar For Respondents For R1 : Mr.C.Raghavan Government Advocate (Criminal Side) For R2 : No Appearance

ORDER

This Criminal Original Petition has been filed to quash the entire proceedings F.I.R in Crime No.02 of 2015 on the file of the Inspector of Police, W-18, All Women Police Station, M.K.B.Nagar, Chennai-39, pursuant to the compromise arrived at by the parties.

2. The first respondent police has registered a case in Crime No.2 of 2015 as against the petitioner for the offences under sections 498(A) and 506(i) IPC.

3. The case is still in the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

4. The learned counsel appearing for the petitioner submitted that the parties are not available a Joint Memo of Compromise has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. 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. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

5. The Joint Compromise Memo filed by the petitioner and the defacto complainant are extracted hereunder: "The petitioner states that based on the complaint given by the defacto complainant First Information Report was filed in Crime No.2 of 2015 on the file of the Inspector of Police, W-18, All Women Police Station, M.K.B. Nagar, Chennai-39, for an offence under section 498(A) and 506(i) IPC and the dispute between the petitioner and the defacto complainant has been amicably settled. It is respectfully prayed that the FIR registered against the petitioner may be quashed.

The petitioner submits that now with the help of elders the accused and the complainant have compromised each other and they have settled the issues amicably between themselves and the complainant also do not want to proceed further in the above matter.

Hence, it is prayed that this Court may be pleased to permit the petitioner and the defacto complainant to compromise the above case since the matter has been amicably settled between themselves."

5. In view of the above, this Criminal Original Petition is allowed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar msm

To

1. The Inspector of Police, W-18, All Women Police Station, M.K.B.Nagar, Chennai-39.

(Crime No.2 of 2015).

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.1619 of 2017 GJ(CO) SP(29/05/2019)