Deepan @ Deepan Kumar v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.2440 of 2019

1. Deepan @ Deepan Kumar

2. Dilip @ Dilip Kumar

3. Suresh

4. David

5. Sundar

6. Madhan

...Petitioners

Vs.

1. The Inspector of Police, F2, Egmore Police Station, Egmore, Chennai.

(Crime No.812 of 2013)

2. Rajeshwari

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the case in Crime No.812 of 2013 pending investigation on the file of the Inspector of Police, F2, Egmore Police Station, Chennai and quash the same.

For Petitioners : Mr.K.G.Senthil Kumar For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records relating to the case in Crime No.812 of 2013 pending investigation on the file of the Inspector of Police, F2, Egmore Police Station, Chennai, for the alleged offence under Sections 143, 147, 294(b), 427 and 506(i) of I.P.C

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. https://hcservices.ecourts.gov.in/hcservices/

3. An affidavit has been filed by the second respondent/defacto complainant before this Court, dated 30.01.2019. In order to identify the respective parties, they have also produced the copy of the Aadhaar Card and 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 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the Crime No.812 of 2013.

5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.812 of 2013, on the file of the Inspector of Police, F2, Egmore Police Station, Chennai, is quashed and the terms of affidavit has been filed in the typed set of papers along with this petition shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.500/- as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry, Madras) within a period of one week from the date of receipt of a copy of this order.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar kal/msrm To

1. The Inspector of Police, F2, Egmore Police Station, Egmore, Chennai.

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

3. The Section officer Accounts Section, High Court, Madras 104.(for information) +2 CC to Mr.G. Mohana Krishnan, Advocate sr 7663 Crl.O.P.No.2440 of 2019 SP(05/02/2019) https://hcservices.ecourts.gov.in/hcservices/