Mohan v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP No.1190 of 2024 1.Mohan 2.Mohin 3.Pravven Kumar ..Petitioners/ Accused 2, 5, 8 .Vs.
1.The Inspector of Police H-5, New Washermenpet Police Station New Washermenpet Chennai-600 081.
..Respondent/Complainant (Crime No.443 of 2023) 2.Lokesh Kumar .. Respondent/Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.443 of 2023, on the file of the H-5 New Washermenpet Police Station and quash the same and accept the compromise memo.
For Petitioners : Mr.R.Kamesh For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) for R1 Mr.C.M.Ramakrishnan for R2
ORDER
This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.443 of 2023, pending on the file of first respondent.
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. Joint Memo of Compromise dated 9.01.2024 signed by both petitioners and the second respondent/De facto Complainant and their respective counsel has been filed before this Court. In order to identify the respective parties they have also produced the copies of the Aadhaar Card are made part of the record. The petitioners and the 2nd respondent were also present in person before this Court and they were identified by Mr.D.Azhagarsamy (PC 53026), H5, New Washermetpet PS. In the Joint Memo of Compromise, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.443 of 2023, pending on the file of the first respondent. 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 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) and after exercising due caution as advised by the Hon'ble Supreme 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, quash the FIR in Crime No.443 of 2023, pending on the file of first respondent. 5.This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.443 of 2023, pending on the file of first respondent is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.
500/- (Rupees five hundred only) as costs, to the credit of the President, Tamil Nadu Advocate's Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of two weeks from the date of receipt of copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
6.Post this case for reporting compliance on 14.2.2024 30.01.2024 Internet: Yes Index: Yes/No kp Note: Issue order copy on 5.2.2024
N.ANAND VENKATESH.J., kp To 1.The Inspector of Police H-5, New Washermenpet Police Station New Washermenpet Chennai-600 081.
2.The Public Prosecutor, High Court of Madras, Madras.
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