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Madras High CourtCRL OP/4816/2019allowed

Dr.K.J.Mathiazhagan v. The State Rep By Its,

2019-02-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4816 of 2019 K.J.Mathiazhagan

...Petitioner

Vs.

1.The State represented by, The Inspector of Police, K8- Arumbakkam Chennai-106.

2.M.Dhivya

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to crime No.936 of 2011 on the file the Inspector of Police, K8 Police Station, Arumbakkam and quash the same.

For Petitioner : Mr.M.Arun For Respondents: Mr.T.K.S.Ganthi

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No. 936 of 2011 on the file of the Inspector of Police, K8 Police Station, Arumbakkam,pursuant to the compromise arrived at by the parties.

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 petitioner 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 are made part of https://hcservices.ecourts.gov.in/hcservices/

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 No.936 of 2011.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.936 of 2011, on the file of the Inspector of Police, K8 Police Station, Arumbakkam is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar mpa/rts To 1.The Inspector of Police, K8- Arumbakkam Chennai-106.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.K.S.Ganthi, Advocate SR.No. 16498 Crl.O.P.No.4816 of 2019 A.SK(25/03/2019) https://hcservices.ecourts.gov.in/hcservices/