Allowed

Paramasivam v. the Inspector of Police

Madras HC28 Apr 2021CRL OP/6411/2021

Case brief

AI extract

What is this about?

The High Court of Madras quashed an FIR in a non-compoundable offence. The court was satisfied that the parties had reached an amicable settlement through a joint compromise memo, citing Supreme Court guidelines. The First Information Report pending investigation was quashed under Section 482 Cr.P.C., and the compromise terms were made part of the order.

What did the court decide?

The First Information Report in Crime No. 16 of 2020 was quashed. The proceedings were closed, and the Joint Compromise Memo terms were incorporated into the order.

Paramasivam Vs the Inspector of Police — Quashing and FIR | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 28.04.2021

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CORAM

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THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR

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Crl.O.P No.6411 of 2021 and Crl.M.P.No.4260 of 2021

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1.Paramasivam 2.Vijaya 3.Margandan ... Petitioners / A1 to A3 vs. 1.The Inspector of Police, All Women Police Station, Tirupattur, Tirupattur District. (Crime No.16 of 2020) ... 1^st Respondent / Complainant 2.Gayathri ... 2^nd respondent / Defacto complainant

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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 pending on the file of the 1^st respondent police in Crime No.16 of 2020 dated 05.11.2020.

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For Petitioners: Mr.Udhayakumar For R1 : Mr.M.Mohammed Riyaz, Additional Public Prosecutor

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ORDER

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(Through video conference)

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This Criminal Original Petition has been filed to quash the FIR in Crime No.16 of 2020, pending on the file of the 1^st respondent police.

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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.

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3.The Joint Compromise Memo dated 15.03.2021 has been filed by the petitioner / A1 and the 2^nd respondent / defacto complainant before this Court. The petitioner / A1 and the 2^nd respondent / defacto complainant were also present before this Court through video conferencing at the time of hearing. In the above said Joint Compromise Memo, it has been stated that the petitioner / A1 and the 2^nd respondent / defacto https://hcservices.ecourts.gov.in/hcservices/ complainant have entered into a compromise and amicably

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settled their issues in Crime No.16 of 2020. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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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), 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 First Information Report in Crime No.16 of 2020, on the file of the 1^st respondent police.

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5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.16 of 2020, on the file of the 1^st respondent police, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. [The petitioner shall pay a sum of Rs.1000/- (Rupees One Thousand only each) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry)], within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry]. Consequently, the connected miscellaneous petition also stands closed.

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*Copy of the Joint Memo Compromise enclosed

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Sd/Assistant Registrar(CS-III)

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//True copy//

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Sub Assistant Registrar

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ssi

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