Baskar v. State Rep By

1 Crl.O.P.No.2403 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2021 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.2403 of 2021 and Crl.M.P.No.1326 of 2021

1. Baskar

2. Suresh

3. Kattu Raja

4. Sathish

5. Chidhambaram

6. Prabakaran

7. Dharman

8. Thirumalainayagam

9. Aasai 10.Dhivakar 11.Dhesingu 12.Vignesh

13. Ashokan .. Petitioners Vs.

1. State Rep.by The Inspector of Police, Keelapalur Police Station, Ariyalur District (Cr.No.177 of 2019)

2. Rajarajan .. Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records and quash the FIR filed in Cr.No.177 of 2019

2 Crl.O.P.No.2403 of 2021 pending investigation on the file of the 1st respondent police in so far as the all the petitioners.

For Petitioners : Mr.K.Gandhi Kumar For Respondent No.1 : Mr.C.Raghavan Government Advocate

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.177 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.

The compromise affidavit dated 05.09.2019 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present through Video conferencing and they were identified by Mr.Venkateswaran, Inspector of Police, Keelapalur Police Station, Ariyalur District. In

3 Crl.O.P.No.2403 of 2021 order to identify the respective parties they have also produced the copies of the Aadhaar Card and it is made part of the record. 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.177 of 2019. 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.177 of 2019, on the file of the 1st respondent Police.

4 Crl.O.P.No.2403 of 2021

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.177 of 2019, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioners shall pay a sum of Rs.6500/- (Rupees Six Thousand five hundred 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, Keelapalur Police Station, Ariyalur District

2. The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J.

5 Crl.O.P.No.2403 of 2021 rka Crl.O.P.No.2403 of 2021 and Crl.M.P.No.1326 of 2021 23.02.2021