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Madras High CourtCRL OP/8775/2016allowed

Mr. Vasanthakumar, v. State By The Inspector Of

2019-03-08Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8775 of 2016 and Crl.M.P.No.4592 of 2016 1.Vasanthakumar 2.Tamilselvi

3. Vijayakumar ... Petitioners /Vs/

1. State, Rep. by its The Inspector of Police, Central Crime Branch - Team X, Egmore Presently Vepery, Chennai.

2. M/s Raj Television Network Limited, Rep. by its Admin Manager Mr.Suresh ... Respondents Prayer: Criminal Original Petition filed under section 482 of Criminal Procedure Code to call for all records pertaining to the case pending in C.C.No.2168 of 2015 on the file of the learned XI Metropolitan Magistrate, Saidapet, Chennai and to quash the same.

For Petitioner : Mr.J.Jeya Sabare Eswaran For M/s KNS Law Chambers For Respondent-1: Mr.M.Mohamed Riyaz Additional Public Prosecutor For Respondent-2: Mr.P.K.Srinivasan

O R D E R

The Criminal Original Petition has been filed to quash the C.C.No.2168 of 2015 on the file of the learned XI Metropolitan Magistrate, Saidapet, Chennai, pursuant to the compromise arrived at between the parties.

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 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 exercise of its jurisdiction under Section 482 Cr.P.C. quashes the C.C.No.2168 of 2015.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.2168 of 2015 on the file of the learned XI Metropolitan Magistrate, Saidapet, Chennai, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. Each of the petitioners shall pay a sum of Rs.5,000/-, as costs, to the Udavum Karangal, No.460, 25th Street, N.S.K.Nagar, Arumbakkam, Chennai-600 106, 914426216321 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. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The Xi Metropolitan Magistrate, Chennai.

2. Do Thro The Chief Metropolitan Magistrate, Chennai.

3. The Inspector of Police, Central Crime Branch - Team - X, Egmore, Presently Vepery, Chennai.

4. The Public Prosecutor, High Court, Madras.

Copy to

1. The Manager Udavum Karangal No.460, 25th Street NSK Nagar, Arumbakkam.

Chennai 106.

2. The Section officer Criminal Section High Court, Madras 104.

+1 CC to M/s.KNS Law Chambers sr 21963.

Crl.O.P.No.8775 of 2016 VSNII(CO) SP(08/04/2019