Sathish Kumar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.719 of 2024 1.Sathishkumar 2.Vijaya 3.Govindasamy 4.Sasikala

...Petitioners /Accused- Nos.1 to 4

.Vs.

1.State rep.by The Inspector of Police All Women Police Station Perambalur.

Perambalur District.

..1st Respondent/Complainant 2.Sivaranjani ..2nd Respondent/De facto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in connection with the impugned FIR in Crime No.2 of 2020, on the file of the 1st respondent police and quash the same, on the ground of compromise.

For Petitioners : Ms.S.Rithika For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1

ORDER

This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.2 of 2020, pending on the file of first respondent police.

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 Memo dated 18.12.2023 signed by both petitioners and second respondent/de facto complainant and their respective counsel has been filed before this Court. The petitioners and second respondent were also present in person before this Court and they were identified by Mr.P.Selvamani, All Women Police Station, Perambalur District. In the Joint Compromise Memo, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.2 of 2020, 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.

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 Supreme 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.2 of 2020, pending on the file of first respondent. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.2 of 2020, pending on the file of first respondent is quashed and the terms of affidavit shall form part and parcel of this order. 22.01.2024 Speaking Order/Non-Speaking Order Index: Yes/No Internet: Yes/No kp To 1.The Inspector of Police All Women Police Station Perambalur.

Perambalur District.

2.The Public Prosecutor, High Court of Madras, Madras.

N.ANAND VENKATESH.J., kp Crl.OP No.719 of 2024 22.01.2024