P.Satya Ranjan Sahoo v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.8460 of 2018 and Crl.M.P.No.4385 of 2018 P.Satya Ranjan Sahoo .. Petitioner Vs 1.The State Rep. by Inspector of Police (Crime) Marakkanam Police Station Villupuram District.

2.Malaya Kumar Sahu ..Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in Crime No.573 of 2016 on the file of 1st respondent and quash the same.

For Petitioner : Mr.A.Tamilrajan For R1 : Ms.Kritika Kamal P.

Government Advocate (Crl.Side) For R2 : Mr.J.Stalin

O R D E R

This petition has been filed to call for the records in Crime No.573 of 2016 on the file of the 1st respondent and quash the same.

2. For the sake of convenience, the parties will be referred to by their name.

3. On the complaint lodged by Malaya Kumar Sahu, the first respondent police have registered a case in Cr.No.573 of 2016 under Sections 279 and 337 IPC against Satya Ranjan Sahoo, for quashing which, this petition has been filed on the ground that the parties have arrived at a compromise.

4. On a reading of the FIR, it is seen that Satya Ranjan Sahoo and Himadri were going in a motorcycle and they met with an accident.

5. Today, Malaya Kumar Sahu, Satya Ranjan Sahoo and Himadri are present. They filed a joint memorandum of compromise dated 18.06.2018, wherein, it is stated as follows: "4. It is submitted that the defacto complainant has not filed any motor accident claim petition before any other court in respect of accident stated in Cr.No.573 of 2016. And now both the parties have hereby agreed to compromise the issue. Accordingly, the de facto complainant has no objection to quash the FIR in Cr.No.573 of 2016 on the file of the respondent police."

6. Learned Government Advocate (Crl.Side) submitted that investigation in Cr.No.573 of 2016 has been completed and final report has been filed before the Judicial Magistrate No.II, Tindivanam on 17.07.2017 and the same has not been taken on file.

In view of the compromise arrived at between the parties, this petition is allowed and the entire prosecution in Cr.No.573 of 2016, including the final report, is hereby quashed.

18.06.2018 gms To 1.The Inspector of Police (Crime) Marakkanam Police Station Villupuram District.

2.The Public Prosecutor, High Court, Madras.

3.The Judicial Magistrate No.II Tindivanam.

P.N.PRAKASH, J.

gms Crl.O.P.No.8460 of 2018

18.06.2018