S.Sathish v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Crl.O.P.No.2704 of 2020 S. Sathish

...Petitioner/Accused

vs.

1. The State Rep. by, The Inspector of Police, P-2, Otteri Police Station, Chennai - 600 012.

(Crime No. 696 of 2019) ... 1st Respondent/Complainant

2. C. Thulasi ... 2nd Respondent/de-facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the FIR in Cr.No.696 of 2019, dated 01.10.2019 on the file of the first respondent Police.

For Petitioner : Mr.K.Kannan For Respondents: Mr.M.Mohamed Riyaz, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records quash the FIR in Cr.No.696 of 2019, dated 01.10.2019 on the file of the first respondent Police.

2. Based on the complaint lodged by the second respondent, the first respondent has registered an FIR in Crime No. 696 of 2019 against the petitioner herein under Sections 406 and 420 of IPC.

3.The case is still in the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

4. A Joint Compromise Memo dated 14.02.2020, has been filed before this Court which has been signed by the petitioner and the 2nd respondent/ defacto complainant and also by the counsel for the petitioner. The petitioner and the 2nd respondent are present in person before this Court. In order to identify the https://hcservices.ecourts.gov.in/hcservices/

respective parties they have also produced the copies of the Aadhaar Card and they are made part of the record. In the Joint Compromise Memo, it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.696 of 2019. This Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves.

5. 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., inclined to quash the First Information Report in Crime No. 696 of 2019.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.696 of 2019, on the file of the 1st respondent police, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. (* Xerox Copies Enclosed Joint Memo of Compromise) -s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar ebsi To

1. The Inspector of Police, P-2, Otteri Police Station, Chennai - 600 012.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.2704 of 2020 VBA(CO) SP(15/07/2020) https://hcservices.ecourts.gov.in/hcservices/