C.Tamilarasu v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P No.4179 of 2021 and Crl.M.P.No.2629 of 2021 1.C.Tamilarasu 2.S.Alex @ Stephen Alex @ Pradeep Petitioners vs.

1. The State Rep. by The Inspector of Police, M-1, Madhavaram Police Station, Chennai District.

(Crime No.1161 of 2014)

2. S.Vijayakumar Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records connected with the FIR in Crime No.1161 of 2014 pending investigation on the file of the 1st respondent police, quash the same.

For Petitioner : Mr.C.Balamanikandan For Respondents: Mr.C.Raghavan Government Advocate for R1

ORDER

The Criminal Original Petition has been filed to call for the records made in Crime No.1161 of 2014 on the file of the 1st respondent and quash the same.

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 affidavit dated 18.03.2021 has been filed by the 2nd

respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present and they were identified by Ms.Meena, Head Constable, M-1, Madhavaram Police Station, Chennai District, who was also present at the time of hearing. In the affidavit it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.1161 of 2014. 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), and after exercising due caution as advised by the Hon'ble Suprme 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.1161 of 2014 pending on the file of the Inspector of Police, M-1, Madhavaram Police Station, Chennai District.

5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.1161 of 2014, pending on the file of the Inspector of Police, M-1, Madhavaram Police Station, Chennai District, is quashed and the terms of affidavit shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.750/- (Rupees Seven Hundred and Fifty only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), 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. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar ssr

To

1. The Inspector of Police, M-1, Madhavaram Police Station, Chennai District.

2. The President, Tamilnadu Advocate Clerks Association, Madras High Court, Chennai.

3. The Public Prosecutor, High Court, Madras.

Copy To The Section Officer, ER Section High Court, Madras.

+1cc to Mr.G.Balamanikandan, Advocate, S.R.No.20877 Crl.O.P No.4179 of 2021 and Crl.M.P.No.2629 of 2021 GMI(CO) RGA(27/09/2021)