S.Nithesh Kumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4035 of 2024 1.S.Nithesh Kumar 2.Vagith 3.V.M.Pavan Kalyan Petitioners vs.

1.State Rep. by: The Inspector of Police, F-4, Thousand Lights Police Station, Greams Road, Chennai.

2.Akshay Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to Crime No.175 of 2023 pending on the file of the 1st respondent and quash the same by allowing the present criminal original petition.

For Petitionerss : Mr.S.R.Varun Karthik For Respondents : Mr.A. Gopinath Government Advocate for R1

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.175 of 2023, pending on the file of the 1st respondent.

2. The case is still at the stage of investigation. the parties have decided to

bury their hatchet and compromise the dispute amicably among themselves.

3. The Affidavit has been filed by the 2nd respondent/de-facto complainant and the petitioners before this Court. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.Karuppasamy, HC 57958, F-4, Thousandlights Police Station, Chennai. In the affidavit it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.175 of 2023. 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 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), and after exercising due caution as advised by the Hon'ble Suprme 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. quashes the First Information Report in Crime No.175 of 2023, on the file of the 1st respondent Police.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.175 of 2023, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.1500/- (Rupees One Thousand and Five Hundred only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), 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.

6.Post this case under the caption 'For Reporting Compliance' on 06.03.2024. 22.02.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr Note:Issue order copy on 26.02.2024

N. ANAND VENKATESH, J.

ssr To 1.The Inspector of Police, F-4, Thousand Lights Police Station, Greams Road, Chennai.

2. The Public Prosecutor, Puducherry.

Crl.O.P No.4035 of 2024 22.02.2024