Prabhu @ V.Mahaprabhu v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.1262 of 2019 1.Prabhu @ V.Mahaprabhu 2.N.Thangavel 3.C.Banumathi ... Petitioners Vs.

1.State represented by The Inspector of Police, Aliyar Police Station, Coimbatore District, Crime No.156/2018 2.J.Saraswathi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records relating to Crime No.156 of 2018 on the file of the 1st respondent and quash the same. For Petitioner : Mr.C.S.Saravanan For Respondents: Mr.M.Mohamed Riyaz for R1 Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed seeking to quash the F.I.R. in Crime No.156 of 2018 on the file of the first respondent, for an alleged offences under Sections 147, 448, 342, 294(b), 324, 354 and 506(ii) of IPC.

2. 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.

3. An affidavit of the 2nd respondent/defacto complainant has been filed before this Court. The parties were also present before the Court and they were identified by the investigating officer. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.156 of 2018, on the file of the learned Judicial Magistrate No.II, Pollachi.

5. This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.156 of 2018, on the file of the first respondent, is quashed and the terms of compromise mentioned in the affidavit shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.1000/- as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry, Madras), 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.

*Xerox copy of the memo of Compromise is enclosed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, Aliyar Police Station, Coimbatore District,

2. The Public Prosecutor, High Court, Madras.

Copy to:-

1. The Section Officer, Accounts Section.

2. The Section Officer, Criminal Section.

+1cc to M/s.C.Prabakaran, Advocate, SR.No.8370 CRL.O.P.No.1262 of 2019 Kak(22/03/2019) https://hcservices.ecourts.gov.in/hcservices/