C.Udayaraj v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.NO.3248 OF 2020 AND CRL.M.P.NO.1886 OF 2020

1. C.Udayaraj

2. D.Vijaya

3. D.Rani

4. Rajeshwari ... Petitioners Vs.

1. State represented by The Inspector of Police, Gummidipoondi Police Station, Thiruvallur District.

(Crime No.209 of 2014)

2. C.Sundar ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the FIR in Crime No.209 of 2014 on the file of the 1st Respondent and quash the same.

For Petitioners: Mr.A.Prakash For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.A.Sakthivel

ORDER

This Criminal Original Petition has been filed to call for the records relating to the F.I.R in Crime No.209 of 2014 on the file of the 1st respondent and quash the same. 2.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. https://hcservices.ecourts.gov.in/hcservices/

3.

A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are 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 exercising of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.209 of 2014.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.209 of 2014, on the file of the first respondent-Inspector of Police, Gummidipoondi Police Station, Thiruvallur District, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. Consequently, connected Miscellaneous Petition is closed. * Xerox copy of Joint Memo of Compromise, dated 06.03.2020 enclosed Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ari To 1.

The Inspector of Police, Gummidipoondi Police Station, Thiruvallur District.

2.

The Public Prosecutor, High Court, Madras.

Crl.O.P.No.3248 of 2020 and Crl.M.P.No.1886 of 2020 BP(CO) CS/22/07/2020 https://hcservices.ecourts.gov.in/hcservices/