Vijay Chowdhri @ Gullapallai v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.6473 of 2017 1.Vijay Chowdhri @ Gullapallai Yugasai Vijay Kumar 2.Shiva Vardhan @ Naga Mega Shiva Vardhan Reddy 3.Kumaresh @ Kumara Venkatesh 4.Sirish @ Baratam Sirish Mohan [ Petitioners] Vs 1.Inspector of Police, J10 Chemmancherry, Chennai - 600 119.

2.Sanivarapu Akash Reddy [Respondents] Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in Crime No.564 of 2017 on the file of the respondent and quash the same.

For Petitioners : Mr.G.Sivakumar For R1 : Mr.Mohammed Riyaz, GA For R2 : Present in person

ORDER

This Criminal Original Petition has been filed to call for the records in Crime No.564 of 2017 on the file of the respondent police and quash the same.

2. Today, the petitioners along with their learned counsel on record and the second respondent / defacto complainant are present. Their identities have been verified. They have submitted that the dispute between them has been amicably settled. A joint compromise memo dated 28.04.2017 has also been filed to that effect before this Court. When this Court enquired the parties, particularly, the second respondent / defacto complainant, about the factum of compromise and the terms of the compromise, he admitted the same. He also expressed no objection in quashing the FIR in Crime No. 564 of 2017 pending against the https://hcservices.ecourts.gov.in/hcservices/

petitioners herein.

3. This Court is of the view that the act of the petitioners, being the students, involving themselves in the violent activities in the College campus, cannot be countenanced. They are expected to complete their studies with utmost sincerity. However, in view of the compromise entered into between the parties as stated above, the criminal proceedings in Crime No.564 of 2017 on the file of the respondent police, pending against the petitioners herein, is quashed on condition that each of the petitioners shall file individual affidavits countersigned by their parents, addressed to the College authorities with a copy marked to the police authorities, to the effect that they will not indulge in any such illegal activities in future throughout the remaining period of their study in the college in question. Failing compliance of the above condition, the FIR in Crime No.564 of 2017 shall stand restored against them. Such affidavits have to be submitted within a period of two weeks from the date of receipt of a copy of this order.

4. This Criminal Original Petition is ordered accordingly. The joint memo of compromise dated 28.04.2017 signed by both the parties is taken on record.

Sd/- Assistant Registrar //True Copy// rk Sub Assistant Registrar To 1.The Inspector of Police, J10 Chemmancherry, Chennai - 10.

2.The Public Prosecutor, High Court, Chennai-600 104.

+1cc to Mr.G.Siva kumar, Advocate, S.R.No.36402 Crl.O.P.No.6473 of 2017 AP(CO) RS(08/05/2017) https://hcservices.ecourts.gov.in/hcservices/