Mr.Vichu @ Shailesh, A1, v. The State Rep. By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP.No.9481 of 2018

1. Vichu @ Shailesh

2. Arun

3. Karthick @ Santhosh

4. Krishna Kumar

5. Illayavanan

...Petitioners

Vs.

1. The State Rep.

Inspector of Police, J-2, Adayar Police Station, Chennai - 600 020.

2. Dhamodharan

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the case records in Crime No.28 of 2018 pending on the file of the 1st respondent and quash the same under the ground of compromise.

For Petitioners : Mr.M.Anandaraj For Respondents : Mr.C.Raghavan Government Advocate for R1

ORDER

The Criminal Original Petition has been filed to call for the case records in Crime No.28 of 2018 pending on the file of the 1st respondent and quash the same under the ground of compromise.

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.

3. A joint memo of Compromise, dated 24.07.2019, has been filed before this Court which have been signed by the petitioners and the victim and also by their respective counsel. The petitioners and the victim were also present in person before this Court. 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.28 of 2018 on the file of the 1st respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.28 of 2018 on the file of the 1st respondent, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.1000/- (Rupees One Thousand only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

*Enclosed Xerox Copy of the Memo of Compromise. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ssr To

1. The Inspector of Police, J-2, Adayar Police Station, Chennai - 600 020.

2. The Public Prosecutor, High Court, Madras.

Copy to:

The Section Officer, Accounts Section, High Court, Madras.

CRL.OP.No.9481 of 2018 mp(co) nr 03/09/2019