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Madras High CourtCRL OP/25864/2018allowed

Maladi Sriramachandrarao v. The State Rep By Its,

2018-11-26Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P..No.25864 of 2018 and Crl.M.P.No.14834 of 2018 Maladi Sriramachandrarao ... Petitioner Vs.

1. The Inspector of Police, W-30, All Women Police Station, Poonamallee, Chennai-600 056.

(Crime No.22 of 2017)

2. Mrs. Lakshmi Sunitha @ Sunitha Puli ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the Case in Crime No.22 of 2017 on the file of the Inspector of Police, W30, All Women Police Station, Poonamallee, Chennai-600 056 and quash the proceedings against the petitioner. For Petitioner : Mr.K.A.Mariappann For R1 : Mr.Mohamed Riyaz Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the Crime No.22 of 2017 on the file of the Inspector of Police, W30, All Women Police Station, Poonamallee, Chennai-600 056 pursuant to the compromise arrived at by the parties.

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. A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. In order to identify the respective parties they have also produced the copy of the Aadhaar Card which is 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 Gujarath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the Crime No.22 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.22 of 2017 on the file of the Inspector of Police, W-30, All Women Police Station, Poonamallee, Chennai-600 056 is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed. No costs.

* Xerox copy of the Joint Memo of Compromise dated 16.08.2018 enclosed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar dss To

1. The Inspector of Police, W-30, All Women Police Station, Poonamallee, Chennai-600 056.

2. The Additional Public Prosecutor, Madras High Court.

+1cc to Mr.K.A.Mariappan, Advocate, S.R.No.80695 Crl.O.P..No.25864 of 2018 rrs 20/12/2018 https://hcservices.ecourts.gov.in/hcservices/