Komal Kumar Haran v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:25.01.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.1065 of 2019 and Cr.l.M.P.No.658 of 2019 Komal Kumar Haran ... Petitioner Vs.

1. State Rep. by The Inspector of Police, G-3, Kilpauk Police Station, Chennai.

2. Jaswant Bafna ... Respondents Prayer: Criminal Original petition filed under Section 482 of the Criminal Procedure Code, to call for the records and quash the FIR in Cr.No.67 of 2018 on the file of the Inspector of Police, G-3, Kilpauk Police Station, Chennai.

For Petitioner : Mr.S.Premkumar For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the investigation in Cr.No.67 of 2018 pending on the file of the Inspector of Police, G-3, Kilpauk Police Station, Chennai. pursuant to the compromise arrived at by the parties.

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 second respondent/defacto complainant has been filed before this Court. The parties were also present before the Court and they have also produced the copies of the Aadhaar Card which are made part of the record. 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 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 https://hcservices.ecourts.gov.in/hcservices/

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 Cr.No.67 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the investigation in Cr.No.67 of 2018 pending on the file of the Inspector of Police, G-3, Kilpauk Police Station, Chennai is quashed and the terms of An affidavit of the second respondent/defacto complainant shall form part and parcel of this order. The petitioner shall pay a sum of Rs.2500/- as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), 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. Consequently, connected miscellaneous petition is closed.

*Here enter the affidavit of the R2 Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar dss To

1. The Inspector of Police, G-3, Kilpauk Police Station, Chennai.

2. The Public Prosecutor, Madras High Court.

Copy to The section officer, VR Section, High court Madras The section officer, Criminal Section, High court Madras +1cc to Mr.S.Premkumar , Advocate SR.No. 7164 Crl.O.P.No.1065 of 2019 and Cr.l.M.P.No.658 of 2019 A.SK(25/02/2019) https://hcservices.ecourts.gov.in/hcservices/