Anbu @ Anbalagan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2021 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

1. Anbu @ Anbalagan

2. Dhanasekaran .. Petitioners Vs.

1. State rep by The Inspector of Police, V-5, Thirumangalam Police Station, Chennai.

(Crime No.599 of 2015)

2. Sounderrajan .. Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records relating to the FIR in Crime No.599 of 2015 on the file of the first respondent and quash the same.

For Petitioners : Mr.T.Muruganantham For Respondent No.1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For Respondent No.2 : Mr.M.Raj Kumar

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.599 of 2015, 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. The Affidavit of the 2nd respondent dated 12.11.2020 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present in person and they were identified by Mr.Manikandan, Constable, V-5, Thirumangalam Police Station, Chennai. In the affidavit it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.599 of 2015. 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.599 of 2015, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.599 of 2015, 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.1000/- (Rupees One Thousand only) as costs, to the credit of 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.

23.02.2021 Index :Yes/No Internet:Yes/No rka

To

1. The Inspector of Police, V-5, Thirumangalam Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J.

rka 23.02.2021