Arthipandiyan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.3116 of 2024 Arthipandiyan .. Petitioner Vs.

1.The State Inspector of Police, T15, Kannagi Nagar Police Station, Chennai.

2.Muthumari .. Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records about the FIR in Crime No.367 of 2022 on the file of the 1st respondent and quash the same. For petitioner :

Mr.Karthik Eswaran J.

For R1 :

Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.367 of 2022, pending on the file of the 1st respondent. 1/5

2.The case is still at the stage of investigation. The parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.The Memorandum of Compromise entered between the petitioner and the 2nd respondent has been filed before this Court which has been signed by the petitioner and the 2nd respondent and the learned counsel appearing on behalf of the petitioner. The petitioner and the 2nd respondent were also present in person before this Court. In the Memorandum of Compromise it has been stated that the petitioner and the 2nd respondent had entered into a compromise and amicably settled their issues in Crime No.367 of 2022. 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 2/5

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.367 of 2022, on the file of the 1st respondent Police. 5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.367 of 2022, on the file of the 1st respondent police, is quashed and the terms of Memorandum of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.

5,000/- (Rupees Five 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. Consequently, the connected Miscellaneous Petition is closed.

6.Post this case under the caption 'For Reporting Compliance' on 27.03.2024.

06.03.2024 krk Index : Yes / No Internet : Yes / No : Yes / No NOTE: Issue order copy on 15.03.2024.

To 1.The State Inspector of Police, T15, Kannagi Nagar Police Station, Chennai.

2.The Public Prosecutor, Madras High Court, Chennai.

4/5

N.ANAND VENKATESH, J.

krk 06.03.2024 5/5