Sudhakar v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.03.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4297 of 2021 Sudhakar Petitioner vs.
1. The Inspector of Police, N-2, Kasimedu Police Station, Kasimedu, Royapuram, Chennai - 600 013.
2. Stephan Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to Crime No.15 of 2021 on the file of 1st respondent and quash the same.
For Petitioners: Mr.S.Murugan For Respondents: Mr.M.Mohammed Riyaz Additional Public Prosecutor for R1
ORDER
The Criminal Original Petition has been filed to call for the records pertaining to Crime No.15 of 2021 on the file of 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. A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the respondent and also by their respective counsel. The petitioners and the second respondent were also present they were identified by Mr.Muthukrishnan, Constable, N-2, Kasimedu Police Station, Kasimedu, Royapuram, Chennai - 600 013. 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.15 of 2021. 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.15 of 2021 pending on the file of the Inspector of Police, N-2, Kasimedu Police Station, Kasimedu, Royapuram, Chennai - 600 013.
5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.15 of 2021, on the file of the Inspector of Police, N-2, Kasimedu Police Station, Kasimedu, Royapuram, Chennai - 600 013 pending, is quashed and the terms of compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.500/- (Rupees Five Hundred 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. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssr To
1. The Inspector of Police, N-2, Kasimedu Police Station, Kasimedu, Royapuram, Chennai - 600 013.
2. The Public Prosecutor, High Court, Madras.
3.The President Tamil Nadu Advocate Clerk Associationm Madras High Court Chennai.
+1 cc to M/s.s.Murugan, Advocate Sr.No. 4297 Crl.O.P No.4297 of 2021 PMK(CO) RMP(29/03/2021)