Allowed

P.Thamarai Selvan v. the Inspector of Police

Madras HC21 Jun 2021CRL OP/7125/2021

Case brief

AI extract

What is this about?

The High Court allowed a Criminal Original Petition under Section 482 Cr.P.C. to quash an F.I.R. The court noted an amicable compromise between the parties, satisfied this was genuine, and exercised its inherent powers to quash the proceedings in Crime No. 199/2019.

What did the court decide?

The First Information Report in Crime No. 199/2019 on the file of the 1st respondent police is quashed, and the connected miscellaneous petition is closed.

P.Thamarai Selvan 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 : 21.06.2021

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CORAM

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THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.O.P.No.7125 of 2021

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and Crl.M.P.No.4383 of 2021

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P.Thamarai Selvan ... Petitioner/Accused

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Vs.

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1.The Inspector of Police, Vadapthimangalam Police Station, Thiruvarur District, (Crime No.199/2019). ... 1 st Respondent/Coomplainant 2.Therasavasanthi ... Respondents/Defacto Complainant

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PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.199/2019 on the file of the first respondent/complainant to quash the same in view of the compromise entered into both parties.

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For Petitioner : Mr.P.Muthamizhselvakumar For R1 : Mr.A.Damodaran Government Advocate (Crl. Side) For R2 : Mr.Therasavasanthi (Appeared through Video conference)

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* * * * * O R D E R

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The Criminal Original Petition has been filed to call for the records in Crime No.199/2019 on the file of the first respondent/complainant to quash the same in view of the compromise entered into both parties.

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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 has been filed by the the petitioner and the 2^nd respondent/de-facto complainant before this Court on 12.03.2021. The petitioner and the second https://hcservices.ecourts.gov.in/hcservices/ respondent were also present through Video conferencing. In

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the said affidavit it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.199/2019. 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.The learned Government Advocate (Crl. Side) appearing for the first respondent also confirms the same.

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5.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.199/2019, on the file of the 1^st respondent Police.

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6.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.199/2019, on the file of the 1 st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. Consequently, the connected miscellaneous petition is closed.

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Sd/-

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Assistant Registrar(CS VI)

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//True Copy//

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Sub Assistant Registrar

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Enclosed: Xerox copy of Joint Comopromise memo

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