Gurumoorthi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2019

CORAM:

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.NO.33710 OF 2019 Gurumoorthi

...Petitioner

Vs.

1. State, rep.by The Inspector of Police, All Women Police Station, Thiruvallur, Thiruvallur District.

(Crime No.2 of 2019)

2. Priyanga

...Respondents

PRAYER:

Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the case in Crime No.2 of 2019 on the file of the 1st respondent police and quash the same.

For Petitioner : Mr.R.Sasikumar For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 Mr.V.Rangarajan for R2

ORDER

This Criminal Original Petition has been filed to call for the records relating to the case in Crime No.2 of 2019 on the file of the 1st respondent police and quash the same.

2. The second respondent, who is the wife of the petitioner, has lodged a complaint against the petitioner and based on the same, the first respondent has registered an FIR in Crime No. 2 of 2019 under Sections 294(b), 498-A and 506(i) of 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. A joint memo of Compromise, dated 03.12.2019, has been https://hcservices.ecourts.gov.in/hcservices/

filed before this Court which has been signed by the petitioner and the 2nd respondent and also by their respective counsel. The petitioner and the 2nd respondent also present in person before this Court. 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 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the Case in Crime No. 2 of 2019 on the file of the first respondent police.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.2 of 2019 on the file of the first respondent, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order. Sd/- Assistant Registrar(CS I) //True Copy// Sub Assistant Registrar kv To

1. The Inspector of Police, All Women Police Station, Thiruvallur, Thiruvallur District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Sasikumar, Advocate, S.R.No.104099 +1cc to Mr.V.Rangarajan, Advocate, S.R.No.103944 Crl.O.P.No.33710 of 2019 RR(CO) CS/11/02/2020 https://hcservices.ecourts.gov.in/hcservices/