K.Aashiq Rehman v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 4203 of 2019 K.Aashiq Rehman

...Petitioner/Accused

Vs.

1.State by, The Inspector of Police, P-6 Police Station, Kodungaiyur, Chennai - 600 118.

(Crime No.1419 of 2018) ..1st Respondent/Complainant 2.Hemanth Kumar ...2nd Respondents/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the FIR pending in Crime No.1419 of 2018 on the file of Inspector of Police, P6Kodungaiyur Police Station, Chennai. For Petitioner : Mr.V.Purushothaman For Respondents For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.K.P.Sathish Kumar

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.1419 of 2018 on the file of the Inspector of Police, P6-Kodungaiyur Police Station, Chennai for the offences under Sections 447, 294B, 385, 380 and 506(ii) of IPC. 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.

An affidavit has been filed before this Court by the petitioner. 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 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. https://hcservices.ecourts.gov.in/hcservices/

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 No.280 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.1419 of 2019, on the file of the Inspector of Police, is quashed and the terms of Compromise shall form part and parcel of this Order. Each of the petitioners shall pay a sum of Rs.5,000/-, as costs, to Kaakkum Karangal, Old 7, New-39, East Madha Street, Thiruvanmiyur, Nr Tempel Tank, Chennai., 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. * Enclosed the Xerox copy of the Joint Memo of Compromise. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rts To 1.The Inspector of Police, P-6 Police Station, Kodungaiyur, Chennai - 600 118.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.P.Sathish Kumar, Advocate, S.R.No.16434 Crl.O.P.No.4203 of 2019 CA(CO) rrs 29/03/2019 https://hcservices.ecourts.gov.in/hcservices/