S.Sivakumar v. S.Ushadevi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.28794 of 2018 1.S.Sivakumar 2.P.Sundarajan 3.Devagi 4.Gomathi : Petitioners/Accused Vs.

1.S.Ushadevi : 1st Respondent 2.The State Rep. By The Inspector of Police, W-21, Guindy, All Women Police Station.

(Crime No.3 of 2018) : 2nd Respondent/ Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to FIR in Crime No.3 of 2018 on the file of second respondent Police, W-21 All Women Police Station, Guindy, Chennai and quash the same. For Petitioners : Mr.Pream Kumar For 1st Respondent : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.3 of 2018 on the file of second respondent Police, W-21 All Women Police Station, Guindy, 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. https://hcservices.ecourts.gov.in/hcservices/

3. An affidavit of the first respondent has been filed before this Court on 22.09.2018. The parties were also present before the Court and they have also produced the copies of the Aadhaar Card which 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.

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 proceedings in Crime No.3 of 2018, pending on the file of second respondent Police, W-21, All Women Police Station, Guindy, Chennai.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.3 of 2018 on the file of second respondent Police, W-21 All Women Police Station, Guindy, Chennai is quashed and the terms of affidavit filed by the first respondent, enclosed in typed set of papers filed along with this petition shall form part and parcel of this order. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ENCL: xerox Copy of Joint Compromise Memo To 1.The Inspector of Police, W-21, All Women Police Station, Guindy, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.S.Premkumar, Advocate SR.No.89709 Crl.O.P.No.28794 of 2018 SR(CO) CSL/21.02.2019 https://hcservices.ecourts.gov.in/hcservices/