Madras High CourtCRL OP/3777/2022ordered

R.Rasaiah@Rasa v. State Rep By

2022-02-21Honourable Mr Justice A.D.Jagadish Chandira2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 21.02.2022

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.3777 of 2022 R.Rasaiah @ Rasa ... Petitioner Vs.

1.State Represented by The Inspector of Police, Vengal Police Station, Thiruvallur District.

(Crime No.1634 of 2020) ..1st Respondent/Complainant 2.Krishnamurthy .. 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to call for the records in Crime No.1634 of 2020 on the file of the respondent Police and quash the same. For Petitioner : M/s.T.Gnana Banu For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor For R1.

O R D E R

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.1634 of 2020, on the file of the 1st respondent police.

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. An affidavit has been filed by the 2nd respondent herein before this Court, stating that the compromise arrived between him and the petitioner and they are not willing to proceed further in the case. The said affidavit has been signed by the petitioner and the second respondent and also by their respective counsel. This Court also enquired both the parties https://hcservices.ecourts.gov.in/hcservices/

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. 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. 1634 of 2020.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.1634 of 2020, on the file of the first respondent police, is quashed and the terms of affidavit filed by the 2nd respondent, shall form part and parcel of this order.

*Copy of the Affidavit of 2nd Respondent enclosed Sd/- Assistant Registrar(CS-VII) //True copy// Sub Assistant Registrar Pns To 1.The Inspector of Police, Vengal Police Station, Thiruvallur District.

2.The Public Prosecutor, High Court of Madras.

+1cc to M/s.T.Gnana Banu, Advocate SR.No.11388 Crl.O.P.No.3777 of 2022 GPL(CO) GMY(15/03/2022) https://hcservices.ecourts.gov.in/hcservices/