S.E.Pandarinathan v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.02.2019
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5366 of 2018
1. Ganeshan
2. Anjali Devi
...Petitioners
Vs.
1.State by, The Inspector of Police, Central Crime Branch-II, Chennai District.
(Crime No.79 of 2017) 2.Ravichandran
...Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.79 of 2017 pending on the file of the Inspector of Police, CCB-II, Chennai District and quash the FIR. For Petitioners : Mr.S.Silambu Selvan For Respondents For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.D.Thirumoorthy
ORDER
This Criminal Original Petition has been filed to quash the F.I.R in Crime No.79 of 2017 on the file of the first respondent police for the offences under Sections 465, 467, 468, 471 and 420 of IPC.
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.
An affidavit has been filed before this Court by the second respondent/defacto complainant. 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 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 Petition stands allowed and as a sequel, the proceedings in Crime No.79 of 2017, on the file of the Inspector of Police, CCB-II, Chennai District is quashed and the terms of the affidavit shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.5000/-, jointly as costs, to the Udavum Karangal, No.460, 25th Street, NSK Nagar, Arumbakkam, Chennai - 106 Ph-26216321, 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. 28.02.2019 Internet: Yes Index : Yes/No Speaking/Non speaking order rts To 1.The Inspector of Police, Central Crime Branch-II, Chennai District.
2.The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN. J, rts Crl.O.P.No. 5366 of 2018 28.02.2019