C.Sasi v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.03.2021
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.3909 of 2021
1. C.Sasi
2. K.R.Shantha
3. R.Ramachanthran
4. N.R.Manigantan Petitioners vs.
1. The State Rep. by The Inspector of Police, Central Crime Branch-II, Vepery, Chennai.
(Crime No.64 of 2020)
2. Ravi Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.64 of 2020 on the file of the Central Crime BranchII, Vepery, Chennai and quash the same. For Petitioners: Mr.B.Kumarasamy For Respondents: Mr.C.Raghavan Government Advocate for R1
ORDER
The Criminal Original Petition has been filed to call for the records in Crime No.64 of 2020 on the file of the Central Crime Branch-II, Vepery, Chennai 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. The affidavit dated 26.02.2021 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present and they were identified by Ms.Dhanalakshmi, Inspector of Police, Central Crime Branch-II, Vepery, Chennai, who was also present at the time of hearing. 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.64 of 2020. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
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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.64 of 2020 pending on the file of the Inspector of Police, Central Crime Branch-II, Vepery, Chennai.
5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.64 of 2020, pending on the file of the Inspector of Police, Central Crime Branch-II, Vepery, Chennai, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioners shall pay a sum of Rs.2000/- (Rupees Two Thousand 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 (CS-VII) //True Copy// Sub Assistant Registrar Ssr To
1. The Inspector of Police, Central Crime Branch-II, Vepery, Chennai.
2. The Public Prosecutor, High Court, Madras.
Copy To The President, Tamilnadu Advocates Clerk, Madras High Court, Chennai.
Crl.O.P No.3909 of 2021 PMK(CO) GN(17/03/2021) https://hcservices.ecourts.gov.in/hcservices/