S.Kumaresan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.01.2020

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.834 of 2020

1. S.Kumaresan

2. Arul

3. Sagalaimani @ Sagalai Mani @ Manikandan ... Petitioners Vs.

1. State represented by Inspector of Police, F-2, Egmore Police Station, Chennai.

2. Viknesh

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.1349 of 2017 on the file of the F-2 Egmore Police Station and quash the same.

For Petitioners :Mr.R.Soundar Rajan For Respondents :Mr.C.Raghavan, Government Advocate (Crl.Side) for R1

O R D E R

This Criminal Original Petition has been filed to call for the records in Crime No.1349 of 2017 on the file of the F-2 Egmore Police Station and quash the same.

2. The second respondent, who is the defacto complainant, has lodged a complaint against the petitioners and based on the same, the first respondent has registered an FIR in Crime No.1348 of 2017 under Sections 341, 294(b) and 324 448 and 506 (ii) of IPC

3. The case is still in the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

4. A joint memo of Compromise, dated 09.01.2020, has been filed before this Court which has been signed by the https://hcservices.ecourts.gov.in/hcservices/

petitioners and the 2nd respondent and also by their respective counsel. The petitioner and the 2nd respondent also present in person before this Court. This Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves.

5. 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the Case in Crime No. 275 of 2019 on the file of the first respondent police.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.1349 of 2017 on the file of the first respondent, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order. (* Xerox Copies Enclosed along with Memo of Compromise) s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, F-2, Egmore Police Station, Chennai.

2. The Public Prosecutor, Madras High Court, Chennai.

+1 CC to Mr.G. Mohana Krishnan , Advocate sr 5484. CRL.O.P.No.834 of 2020 SP(03/02/2020) https://hcservices.ecourts.gov.in/hcservices/