M.John Peter v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.2057 of 2020

1. M.John Peter

2. K.J.Richard Martin

3. M.James Victor

...Petitioners/Accused 1to 3

-Vs1. The State represented by The Inspector of Police, Central Crime Branch, Team -1, Chennai -07.

2. M.Baskar ... Respondents Prayer:

Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to call for the records relating to F.I.R.No.166 of 2018 dated 27.04.2018 on the file of the 1st respondent police and quash the same.

For Petitioners: Mr.C.P.Sivamohan For RR1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For RR2 : Mr.A.Thirumaran

ORDER

This Criminal Original Petition has been filed to call for the records relating to F.I.R.No.166 of 2018 dated 27.04.2018 on the file of the 1st 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 Crime No. 166 of 2018 dated 27.04.2018 for the offences under sections 1/3

420, 465, 467, 468, 471 and 109 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 04.02.2020, has been filed before this Court which has been signed by the petitioners and the 2nd respondent and also by their respective counsel. The 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. 166 of 2018 dated 27.04.2018 on the file of the first respondent police.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 166 of 2018 dated 27.04.2018 on the file of the first respondent police, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order.

*Herein enclose xerox copy of Memo of compromise -s/d- Assistant Registrar True Copy Sub-Assistant Registrar mfa To

1. The Inspector of Police, Central Crime Branch, Team -1, Chennai -07.

2/3

2.The Public Prosecutor, High Court, Madras.

+2 cc to Mr.R.Vivekanathan Advocate sr9352 Crl.O.P.No.2057 of 2020 svi(co) aa20/03/2020 3/3