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Madras High CourtCRL OP/33950/2019allowed

Manikandan v. State By

2020-03-04Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.33950 of 2019 Manikandan

...Petitioner

Vs.

1.State by, The Inspector of Police, P6, Kodungaiyur Police Station Chennai, Tamilnadu - 600 118. ...1st Respondent/Complainant 2.S.Renuga ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the proceedings in Crime No.2305 of 2014 on the file of the P6, Kodungaiyur Police Station and quash the entire proceedings. For Petitioner :

Mr.W.Camyles Gandhi For R1 :

Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.2305 of 2014 on the file of the Inspector of Police, P6, Kodungaiyur Police Station, Chennai. 2.

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. 3.

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 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. https://hcservices.ecourts.gov.in/hcservices/

4. Under such circumstances, no useful purpose will be served in keeping the First Information Report 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 First Information Report in Crime No.2305 of 2014.

5. It is also seen that the petitioner and the second respondent got married and gave birth to two children. They also produced the Birth Certificates and it shows that the petitioner is the father of the children and they are living happily in their home. Therefore, the pendency of the First Information Report would not serve any purpose. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.2305 of 2014, on the file of the Inspector of Police, P6, Kodungaiyur Police Station, Chennai is quashed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar smv To 1.The Inspector of Police, P6, Kodungaiyur Police Station Chennai, Tamilnadu - 600 118.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.W.Camyles Gandhi, Advocate, S.R.No.19409 Crl.O.P.No.33950 of 2019 RK(CO) RN(26/05/2020) https://hcservices.ecourts.gov.in/hcservices/