Dakshinamurthy v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.861 of 2021 and Crl MP No.532 of 2021 G.Dakshinamurthy .. Petitioner vs.
1. The State Rep. by The Sub Inspector of Police (L&O), Besant Nagar, Chennai 600 090 ..1st respondent/Complainant
2. Revathi ..2nd respondent/ Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in FIR No.1504 of 2020 on the file 1st respondent. For Petitioner : Mr.C.Balaji For Respondents : Mr.Mohammed Riyaz Additional Public Prosecutor for 1st respondent Mr.M.Chandrasekaran for 2nd respondent
ORDER
The Criminal Original Petition has been filed to call for the records relating to the Crime No.1504 of 2020 on the file of the 1st respondent and quash the same by allowing this Criminal Original Petition.
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. The Joint Compromise affidavit and Vakkalat has been filed before this Court which has been signed by the
petitioner and the respondent and also by their respective counsel. The petitioner and the second respondent were also present through Video conferencing and they were identified by Mr.Palavesam, The Inspector of Police (L&O), Besant Nagar, Chennai 600 090, who was also present at the time of hearing through Video conferencing. In the Joint Compromise 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.1504 of 2020. 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), 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.1504 of 2020 pending on the file of the 1st respondent.
5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.1504of 2020, pending on the file of the Inspector of Police (L&O), Besant Nagar, Chennai 600 090 is quashed and the terms of Joint Compromise affidavit and Vakkalat shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1500/- (Rupees One thosuand five hundred only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), 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.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rka To
1. The Sub Inspector of Police (L&O), Besant Nagar, Chennai 600 090
2. The Public Prosecutor, High Court, Madras.
3. The president, Tamilnadu Advocate Clerk Association, Madras Highcourt, Chennai.
GMR(CO) SM/23/02/2021 Crl.O.P No.861 of 2021