Manikandan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.03.2021

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.OP.No.3125 of 2021 1.Manikandan 2.Murugan 3.Mohan 4.Gangammal

...Petitioners/Accused

.Vs.

1.State rep.by The Inspector of Police, Guduvancheri Police Station, Kancheepuram District.

..1st Respondent/ Complainant 2.Vignesh .. 2nd Respondent/ De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.527 of 2019, on the file of the 1st respondent police and quash the same.

For Petitioners : Mr.J.Raja Janakiraman For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R 1

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.527 of 2019, pending on the file of the 1st 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, dated 19.01.2021, has been filed before this Court which have been signed by the petitioners and the 2nd respondent and also by their respective counsel. The petitioners and the 2nd respondent were also present in person before this Court and they were identified by Mr.Raja, Sub Inspector of Police, Guduvancheri, Kancheepuram District. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and it is 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 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., quash the First Information Report in Crime No.527 of 2019, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, investigation in Crime No.527 of 2019, on the file of the 1st respondent police, is hereby quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioners shall pay a sum of Rs.2,000/- (Rupees two thousand 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.

Enclosed: Xerox copy of the joint memo of compromise. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

KP To 1.The Inspector of Police, Guduvancheri Police Station, Kancheepuram District..

2.The Public Prosecutor, High Court, Madras.

3.The President Tamil Nadu Advocate Clerk Association, Madras High Court, Chennai.

+2ccs to Mr.J.Raja Janakiraman, Advocate, sr no.13078 Crl.OP.No.3125 of 2021 PL(CO) RMP(23/03/2021)