Prabakaran R v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.2698 of 2024 and Crl. M.P. No.1926 of 2024 Prabakaran S/o. Ramachandran ... Petitioner Vs.

1.The State Rep. by The Inspector of Police, Thirumullaivoyal Police Station, Thirumullaivoyal.

2.Shankar S/o. Murugan

...Respondents

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records relating to the impugned FIR in Crime No.379 of 2023 on the file of the 1st respondent and to quash the same insofar as the petitioner is concerned, For Petitioners : Mr. Manish.P For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1 1/4

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in Crime No.379 of 2023 pending on the file of first respondent.

2. The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A Joint Memo of Compromise signed by both petitioners and second respondent/de facto complainant and their respective counsel has been filed before this Court on 18.01.2024. A compromise affidavit has also been filed by the second respondent/de-facto complainant and the petitioner/accused before this Court. The petitioner and second respondent were also present in person before this Court. In the affidavit it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.379 of 2023 pending on the file of first respondent. 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 case pending, even though, the offences involved are not compoundable in nature. In 2/4

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 FIR in Crime No. 379 of 2023 pending on the file of first respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.166 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. The petitioner shall pay a sum of Rs.1,000/- (Rupees One Thousand 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 two weeks from today and file a photocopy of the receipt along with a memo reporting compliance in the Registry. 19.02.2024 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order mjs 3/4

N.ANAND VENKATESH, J mjs To 1.The Inspector of Police, Thirumullaivoyal Police Station, Thirumullaivoyal.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.2698 of 2024 19.02.2024` 4/4