Vinoth v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.3236 and 3252 of 2020 Vinoth ... Petitioner in both the Crl.O.P's./Accused Vs.

1.State Rep by its The Inspector of Police T-10, Thirumullaivoil Police Station Thiruvallur District.

...Respondent/Complainant

(Crime Nos.1211/2019 and 1295 of 2019) 2.Jeyaganesh

...Respondents in

both the Crl.O.P's./Defacto Complainant COMMON PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the entire records in F.I.R dated 05.11.2019 and 14.12.2019 in Crime Nos.1211 and 1295 of 2019 on the file of the Inspector of Police, T-10, Thirumullaivoil Police Station, Thiruvallur District and quash the entire proceedings as against the petitioner. For Petitioner : Mr.M.Velmurugan in both the Crl.O.P's.

For Respondents : Mr.S.Karthikeyan in both the Crl.O.P's. Additional Public Prosecutor for R1 Mr.Kripakaran for R2 COMMON ORDER The Criminal Original Petitions have been filed to call for the entire records in F.I.R dated 05.11.2019 and 14.12.2019 in Crime Nos.1211 and 1295 of 2019 on the file of the Inspector of Police, T-10, Thirumullaivoil Police Station, Thiruvallur District and quash the entire proceedings as against the petitioner.

2.

The cases are 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. 3.

A Joint Memo of Compromise dated 06.01.2020 has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. All the parties are present and identified by their respective https://hcservices.ecourts.gov.in/hcservices/

counsel and the Police. 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 First Information Report in Crime No.280 of 2018.

5. This Criminal Original Petitions are allowed and as a sequel, the proceedings in Crime Nos.1211 of 2019 and 1295 of 2019, on the file of the Inspector of Police, T-10 Thirumullaivoil Police Station, Thiruvallur District, are quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Jer To 1.The Inspector of Police T-10, Thirumullaivoil Police Station Thiruvallur District.

2.The Public Prosecutor High Court of Madras.

+1 cc to Mr.M.Velmurugan, Advocate Sr.No. 25725 +1 cc to Mr.M.Velmurugan, Advocate Sr.No. 25726 Crl.O.P.No.3236 and 3252 of 2020 VS(CO) RMP(31/08/2020) https://hcservices.ecourts.gov.in/hcservices/