S.G.Saravanan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.02.2020

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM Crl.OP.No.3770 of 2020

1. S.G.Saravanan

2. Iyyappan and Krishnan Ajyup

3. K.Bhaskar ... Petitioners Vs.

1. State rep.by Inspector of Police, Central Crime Branch-I Vepary, Chennai.

2. Santhosh Lewis ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the FIR in Cr.No.02/2019 on the file of the respondent herein as null.

For Petitioners :Mr.M.Baskar For Respondents :Mr.M.Mohamed Riyaz, Additional Public Prosecutor for R1 : Mr.Joshna Samuel for M/s.Paul and Paul Partners for R2

O R D E R

This Criminal Original Petition has been filed to call for the records and quash the FIR in Cr.No.02/2020 on the file of the respondent herein.

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.02 of 2020 under Sections 409, 420, 34 of 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. 1/4 https://hcservices.ecourts.gov.in/hcservices/

4. A joint memo of Compromise, dated 21.02.2020, has been filed before this Court which has been signed by the petitioners and the 2nd respondent and also by their respective counsel. The petitioners 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. 2 of 2020 on the file of the first respondent police.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 2 of 2020 on the file of the first respondent, is hereby quashed against the petitioners herein and the terms of Memo of Compromise shall form part and parcel of this order.

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

1. The Inspector of Police, Central Crime Branch-I Vepary, Chennai.

2. The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.M.Baskar, Advocate, S.R.No.17143 +1cc to M/s.Paul & Paul, Advocate, S.R.No.15507 CRL.O.P.No.3770 of 2020 BS(CO) RSI(22/05/2020) 2/4 https://hcservices.ecourts.gov.in/hcservices/