Allowed

M. Parish v. State Rep.by Its the Inspector of Police

Madras HC12 Jul 2023CRL OP/4917/2023

Case brief

AI extract

What is this about?

The High Court of Madras quashed the First Information Report in Crime No.363 of 2018 upon an amicable settlement between the parties. Exercising jurisdiction under Section 482 Cr.P.C., the court held that no useful purpose would be served in proceeding further despite the offenses being non-compoundable.

What did the court decide?

The First Information Report in Crime No.363 of 2018 is quashed; petitioners to pay Rs.2,500 each as costs.

M. Parish Vs State Rep.by Its the… — Constitutional and Fundamental Rights | Madras HC (2023)

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Crl.O.P.No.4917 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.07.2023

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CORAM :

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THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

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Crl.O.P.No.4917 of 2023

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Parish

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Avanesh Kumar

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Sujatha .. Petitioners

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Versus

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The State Rep. by its The Inspector of Police, K-8 Arumbakkam Police Station, Arumbakkam, Chennai - 600 106.

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Now transferred to W-7 All Women Police Station, Anna Nagar, Chennai.

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Vasude van .. Respondents

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Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.363 of 2018 pending on the file of the respondent Police, quash the same filed against the petitioners.

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For Petitioners : Mr.G.Murugesh Kumar

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For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side)

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https://www.mhc.tn.gov.in/judis

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for R1 : M/s.N.Vinothini for R2

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Crl.O.P.No.4917 of 2023

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ORDER

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The Criminal Original Petition has been filed to quash the F.I.R in

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Crime No.363 of 2018, pending on the file of the first respondent.

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The case is still at the stage of investigation. The parties have

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decided to bury their hatchet and compromise the dispute amicably among themselves.

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The affidavit dated 21.02.2023 of the second respondent / de-facto

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complainant and the joint memo of compromise entered into between the parties have been filed before this Court. The petitioners are present in person before this Court and the second respondent / de-facto complainant and one Viji, wife of the first petitioner have appeared through video conferencing and they were identified by Mrs.Bharani, Inspector of Police, W-7 - Anna Nagar All Women Police Station, Chennai. In the affidavit, it

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has been stated that the parties had entered into a compromise and amicably settled their issues in Crime No.363 of 2018. This Court also enquired both

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Crl.O.P.No.4917 of 2023

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the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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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 Supreme Court in The State of Madhya Pradesh Vs. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10 , this Court in exercise of its jurisdiction under Section 482 of Cr.P.C., quashes the First Information Report in Crime No.363 of 2018, on the file of the first respondent Police.

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This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.363 of 2018, on the file of the first respondent Police, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioners shall pay a sum of Rs.2,500/- (Rupees Two thousand five hundred only) each as costs, to the credit of the President,

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.4917 of 2023

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Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai

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(Indian Bank, High Court Branch, A/c No.484026006, IFSC

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Code:IDIB000M157) , within a period of one week from today and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

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12.07.2023

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Index : yes/no Speaking order/Non-speaking order Neutral Citation : yes/no grs

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