← Library
Madras High CourtCRL OP/4500/2020allowed

Narayanan v. The State Represented By

2020-03-02Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.4500 & 4774 of 2020 and Crl.M.P.Nos.2581 & 2724 of 2020 Crl.O.P.No.4500 of 2020

1. Narayanan

2. N.Jayalakshmi

3. Ragavendran

4. Sathish

...Petitioners

Vs.

1. The State represented by The Sub Inspector of Police, Kaveripattinam Police Station, Krishnagiri District.

(Crime No.369 of 2019)

2. S.Venkatakrishnan

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.369 of 2019 dated 08.06.2019 on the file the 1st respondent and quash the same.

Crl.O.P.No.4774 of 2020

1. N.Jayalakshmi

2. Narayanan

3. Ragavendran

4. Sathish

...Petitioners

Vs.

1. The State represented by The Sub Inspector of Police, Kaveripattinam Police Station, Krishnagiri District.

(Crime No.391 of 2019)

2. S.Venkatakrishnan

3. Devarajan

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.391 of 2019 dated 16.06.2019 on the file the 1st respondent and quash the same.

For Petitioners : Mr.R.Marudhachalamurthy (Both petitions) For Respondents For R1 : Mr.M.Mohamed Riyaz (Both petitions) Additional Public Prosecutor For R2 & R3 : Mr.Vivekanandan (Both petitions) COMMON ORDER This Criminal Original Petitions have been filed to quash the F.I.R in Crime Nos.369 & 391 of 2019 on the file 1st respondent police.

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 and the same 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 First Information Report in Crime Nos.369 & 391 of 2019.

5. This Criminal Original Petitions stand allowed and as a sequel, the proceedings in Crime Nos.369 & 391 of 2019, on the file of the 1st respondent police, is quashed and the terms of Joint Memo of Compromise shall form part and parcel

of this Order. The petitioners are jointly directed to pay a sum of Rs.10,000/-, as cost,(in each case) to the Tamil Nadu Legal Services Authority, within a period of one week from today and file a photocopy of the receipt along with a Memo, reporting compliance in the Registry. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar ENCL: Xerox Copy of Joint Memo of Compromise dated 02.03.2020 msrm To 1.The Sub Inspector of Police, Kaveripattinam Police Station, Krishnagiri District.

2.The Member Secretary, Tamil Nadu State Legal Services Authority, Chennai.

3.The Public Prosecutor, High Court, Madras.

+2cc to Mr.R.Marudhachalamurthy,Advocate, S.R.No. 18999, 19000 +2cc to Mr.R.Vivekananthan, Advocate, S.R.No. 18509 Crl.O.P.Nos. 4500 & 4774 of 2020 SSI(CO) GN(05/03/2020)