Manu Sekar v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2021

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.OP.No.27800 of 2018 and Crl.MP.No.16074 of 2018 1.Manu Sekar 2.Mrs.Sathya Sekar 3.S.G.Sekar

...Petitioners

.Vs.

The State rep.by The Inspector of Police, All Women Police Station, Adyar, Chennai.

[Crime No.3 of 2018) 2.Kanimozhi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the First Information Report in Crime No.3/2018, on the file of the Inspector of Police, All Women Police Station, Adyar registered for offences under Section 498(A) & 406 IPC. For Petitioner : Mr.P.N.Vignesh For Respondents : Mr.C.Raghavan Government Advocate for R 1 Mrs.A.Arulmozhi for R 2

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.3 of 2018, pending on the file of the 1st respondent.

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 03.02.2021, has been filed before this Court which have been signed by the petitioners and the 2nd respondent and also by their respective counsel. The petitioners and the second respondent were also present before this Court and they were identified by Mrs.Sudha, Inspector of Police, Adyar. In order to identify the respective parties (1st petitioner and 2nd respondent), they have also produced the copies of the Aadhaar Card and it is made part of the record. In the affidavit, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.3 of 2018. 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 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), and after exercising due caution as advised by the Hon'ble Suprme 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 First Information Report in Crime No.3 of 2018, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, investigation in Crime No.3 of 2018, on the file of the 1st respondent Police, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Consequently, the connected miscellaneous petition is closed. *The Xerox Copy of the Joint Memo of Compromise enclosed Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar

KP To 1.The Inspector of Police, All Women Police Station, Adyar, Chennai.

2.The Public Prosecutor, High Court, Madras.

Crl.OP.No.27800 of 2018 ad[co] srg 10/03/2021