Thambiraja v. State Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2019

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.2211 of 2019 and Crl.M.P.No.1437 of 2019 Thambiraja ... Petitioner / Sole Accused Vs.

1.State: Inspector of Police, T12 Poonamallee Police Station, Thiruvallur District.

...1st Respondent / Complainant 2.Beer Mohamed ...2nd Respondent / Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, pleased to quash the FIR in Cr.No.1883 of 2017 on the file of the Inspector of Police, T12 Poonamallee Police Station, Thiruvallur District. For Petitioner : Mr.K.S.Kaviarasu For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to quash the F.I.R in Crime No. 1883 of 2017 on the file of the Inspector of Police,T12 Poonamallee Police Station, Thiruvallur District, 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 has been filed by the second respondent before this Court. The parties were also present before the Court. 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.1883 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.1883 of 2017 , on the file of the Inspector of Police, T12 Poonamallee Police Station, Thiruvallur District is quashed. The petitioner shall pay a sum of Rs.1500/-, as costs, to the credit of the Chief Justice Relief Fund, High Court, 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. Consequently, the connected miscellaneous petition is also closed.

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

1. The Inspector of Police, T12 Poonamallee Police Station, Thiruvallur District.

2. The Public Prosecutor High Court of Madras.

3. The Section Officer, Accounts Section, Madras High Court, Madras.

4. The Section Officer, Criminal Section, Madras High Court, Madras.

+1 cc to Mr.K.S.Kaviarasu, Advocate, S.R.No.9620 Crl.O.P.No.2211 of 2019 and Crl.M.P.No.1437 of 2019 VBA(CO) SSM(19/02/2019).

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