Madhan @ Madhankumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Madhan @ Madhankumar

...Petitioner

Vs

1. The State represented by Inspector of Police Kotturpuram Police Station Chennai Crime No.331/2019

2. Pradeep ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, to call for the records relating to the proceedings in Cr.No.331 of 2019 on the file of the respondent and quash the same.

For Petitioner : Ms.S.Monisha Darvin For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] ***** 1/6

O R D E R

This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.331 of 2019 on the file of the first respondent.

2. The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The affidavits of petitioner and second respondent have been filed before this Court. The petitioner and second respondent were also present in person before this Court. In the affidavits, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.331 of 2019 on the file of the first respondent. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. 2/6

4. Under such circumstances, no useful purpose will be served in keeping the case 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) and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.331 of 2019 on the file of the first respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.331 of 2019 on the file of the first respondent, is quashed insofar as the petitioner herein is concerned and the terms of affidavit shall form part and parcel of this order. The petitioner shall pay a sum of Rs.2,500/- (Rupees Two Thousand and Five Hundred only) as costs, to the credit of the President, Tamil Nadu Advocate's 3/6

Clerk's Association, High Court Buildings, Madras, A/c No.484026006 IFSC Code:IDIB000M157), within a period of two (2) weeks from today and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, connected miscellaneous petition is closed.

6. It is left open to the first respondent to proceed further with the investigation as against the other accused persons and file the final report within a period of two (2) months.

Post this case under the caption 'for reporting compliance' on 29.02.2024.

15.02.2024 Index : Yes/No Speaking order:Yes/No gm 4/6

To 1.The Inspector of Police Kotturpuram Police Station Chennai Crime No.331/2019 2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J 5/6

gm 15.02.2024 6/6