Madras High CourtCRL OP/33262/2019allowed

G.Veerasenan v. State Represented By

2019-12-13Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2019

CORAM

THE HONOURABLE MR. JUSTICE P.RAJAMANICKAM CRL.O.P No.33262 of 2019 G. Veerasenan ....Petitioner vs.

State Rep. By

1. The Inspector of Police M-2, M.M. Colony Police Station, Chennai (Cr.No.4 of 2019)

2. S. Rajeswari ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to Cr.No.4 of 2019 on the file of the first respondent herein.

For Petitioner : M/s.G. Ashok Kumar For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to call for the records pertaining to Cr.No.4 of 2019 on the file of the first respondent herein and quash the same.

2. Based on the complaint lodged by the second respondent, the first respondent has registered an FIR in Cr.No.4 of 2019 against the petitioner herein under Section 354 IPC.

3. The case is still at the stage of investigation. By passage of time, the parties have decided to compromise the dispute amicably among themselves.

4. The Affidavit dated 13.12.2019 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioner and the second respondent also present in person before this Court and they are identified by the first respondent. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and the same are made part of the record. In the affidavit, it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in https://hcservices.ecourts.gov.in/hcservices/

Crime No.4 of 2019. This Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves.

5. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending. Even though, the offence involved is 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., inclined to quash the First Information Report in Crime No.4 of 2019.

6. In the result, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.4 of 2019, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order.

*Herein enclosed the xerox copy of affidavit to the 2nd respondent ,S.Rajeswari Sd/- Assistant Registrar(JJ ACT) //True Copy// Sub Assistant Registrar gv To 1.The Inspector of Police M-2, M.M. Colony Police Station, Chennai (Cr.No.4 of 2019) 2.The Public Prosecutor, High Court, Madras - 104. +1cc to Mr.G.Ashok kumar , Advocate SR.No. 104796 CRL.O.P No.33262 of 2019 mp A.SK(12/02/2020) https://hcservices.ecourts.gov.in/hcservices/