Mallika v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

1. Mallika C/o.Manoj Shah

2. Kala @ Kalavathi, W/o.Vijay Nandu

...Petitioners

Vs

1. The State rep. by its, The Inspector of Police, Tiruppur North Police Station, Tiruppur City, (Crime No.229/2021)

2. Vibulanandhi, C/o.Vibulanandhan ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, pleased to call for the records of first information report in Crime No.229 of 2021 on the file of 1st respondent police and quash the same.

For Petitioners : Mr.M.Manohar For Respondent : Mr.A.Gopinath 1/5

Government Advocate [Crl.Side] [R1]

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in Crime No.229 of 2021 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 the second respondent were also present before this Court through Video Conferencing and they were identified by R.Senthilmurugan, Sub Inspector of Police, North Police Station, Tiruppur City. In the affidavit it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.229 of 2021 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. 2/5

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 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.229 of 2021 pending on the file of first respondent. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.229 of 2021 pending on the file of first respondent is quashed in entirety and the terms of affidavit shall form part and parcel of this order.

31.08.2023 Index : Yes/No Speaking order:Yes/No mp 3/5

To

1. The Inspector of Police, Tiruppur North Police Station, Tiruppur City, (Crime No.229/2021) 2.The Public Prosecutor, High Court, Madras.

4/5

N.ANAND VENKATESH, J mp 31.08.2023 5/5