Sachin Vikram v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2022

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5132 of 2022 Sachin Vikram

...Petitioner/Accused

Vs.

1. State represented by The Sub-Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu District.

(In Cr.No.155/2021) ...1st Respondent/Complainant 2.Dhamotharan ...2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records and quash the FIR in Crime No.155/2021 pending on the file of the respondent police viz., Sub-Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu District.

For Petitioner : Mr.Nissar Ahamed for Mr.D.Ashokkumar For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor For R2 : No appearance

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in Crime No.155 of 2021, filed for the offence under Sections 294(b), 427 and 506(i) of IPC, pending on the file of the Sub-Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu District.

2.The case is under trial. By efflux 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 has been signed by the petitioner and his counsel and also by the second respondent. In the Joint Memo of Compromise it has been stated as follows:

"1.The petitioner states that the second

respondent had lodged a complaint with the first respondent and the above case in Cr.No.155/2021 registered by the first respondent against the petitioner, but the name not found in the FIR. However, at later point of time, the petitioner was implicated as accused in remanded to judicial custody.

2.The petitioner states that the present petition filed in Criminal Original Petition seeking for quashing of the FIR in No.155/2021. The petitioners are compromised with each other and don't want to proceed the case further. Hence there is no need to proceed the FIR.

3.The petitioner further states that they are amicably settled the issues and compromised each of them, hence there is no need to pending the Charge Sheet. The second respondent also gives no objection to quash the FIR and he separately filed affidavit."

4.This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves in Crime No.155 of 2021. Further, the offences are Compoundable in nature.

5.Under such circumstances, no useful purpose will be served in keeping the proceedings in Crime No.155 of 2022 pending. 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 proceedings in Crime No.155 of 2022.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.155 of 2022 on the file of the Chengalpattu Taluk Police Station, Chengalpattu District, is quashed and the terms of joint compromise memo shall form part and parcel of this order. *Xerox copy of the Joint Compromise Memo enclosed herewith.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gd/dua

To

1. The Sub-Inspector of Police, Chengalpattu Taluk Police Station, Chengalpattu District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.Ashok Kumar, Advocate, S.R.No.15371 Crl.O.P.No.5132 of 2022 MG(CO) RGA(22/03/2022)