Karthikeyan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.2446 of 2020

1. Karthikeyan

2. Thanigaivel

3. Balamurugan

4. Velmurugan

5. Mohaideen ... Petitioners/Accused Vs.

1. The Inspector of Police, Thittachery Police Station, Nagappattinam District.

...Respondent 1/Complainant

2. Amutha ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records connected with the First Information Report in Crime No.286 of 2019 dated 05.11.2019 on the file of the Inspector of Police, Thittachery Police Station, Nagapattinam District and quash the same.

For Petitioners : M/s.Greetha Senthilkumar For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor for R1 : G.Saravanabhavan for R2

O R D E R

This Criminal Original Petition has been filed to call for the entire records connected with the First Information Report in Crime No.286 of 2019 dated 05.11.2019 on the file of the respondent Police 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 1/4

Crime No.286 of 2019 under Sections 147, 448, 294(b), 420 and 506 (i) 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 13.02.2020, has been filed before this Court which has been signed by the petitioners and the 2nd respondent and also by their respective counsel. The petitioners 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.286 of 2019 on the file of the first respondent, is hereby quashed against the petitioners herein and the terms of Memo of Compromise shall form part and parcel of this order.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Vv To

1. The Inspector of Police, Thittachery Police Station, Nagappattinam District.

2/4

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

+1cc to M/s.Greetha Senthilkumar, Advocate, S.R.No.13182 CRL.O.P.No.2446 of 2020 BS(CO) RSI(22/05/2020) 3/4