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Madras High CourtCRL OP(MD)/8431/2023allowed

Thanikodi v. The Inspector Of Police

2024-11-26Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2024

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH and Crl.M.P.(MD).No.7359 of 2023 1.Thanikodi 2.Harini 3.Gunasekaran 4.Pandiammal 5.Malarkodi 6.Pandiyarajan

...Petitioners

Vs.

1.The Inspector of Police, All Women Police Station, Trichy District.

(In Crime No.26 of 2021) 2.Meena

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in Crime No.26 of 2021 on the file of the first respondent and quash the same insofar as the petitioners are concerned. For Petitioners : Mr.K.Gokul For R-1 : Mr.A.Albert James, Government Advocate (Crl. Side) 1/4

For R-2 : Mr.V.Karuna, for Mr.V.G.Kamalesh

O R D E R

This petition has been filed to quash the FIR in Crime No.26 of 2021 on the file of the first 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. Joint Memo of Compromise dated 04.11.2024 signed by both petitioners and the second respondent/de facto Complainant and their respective counsel has been filed before this Court. In order to identify the respective parties they have also produced the copies of the Aadhaar Card are made part of the record. The petitioners and the second respondent were also present in person before this Court and they were identified by Ms.S.Valarmathi, Special Sub Inspector of Police, All Women Police Station, Musiri. In the Joint Memo of Compromise, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.26 of 2021, pending on the file of the first respondent. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. 2/4

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, quash the FIR in Crime No.26 of 2021, pending on the file of first respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.26 of 2021, pending on the file of first respondent is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Consequently, the connected miscellaneous petition is closed. 26.11.2024 Index : Yes / No Internet : Yes / No Speaking Order/Non Speaking Order TSG To 1.The Inspector of Police, All Women Police Station, Trichy District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

N.ANAND VENKATESH, J.

TSG 26.11.2024 4/4