Balasubramanian v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4005of 2020 Mr.Balasubmanian, s/o. Muthaiah, No.12, Raghava Nagar 1st street, Chromepet, Chennai-600 044,

...Petitioner

Vs.

1.The State rep. by The Inspector of Police, S-12, Chitlapakkam Police station, Chennai.

2.Chitra, W/o. Balasubramnian, No.12, Raghava Nagar 1st street, Chromepet, Chennai-600 044 ...Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the FIR in Crime No.447 of 2019 on the file of first respondent and quash the same.

For Petitioner :Mr.S.S.Santhosakumar For R1 : Mr.S. Karthikeyan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.447 of 2019 on the file of first respondent 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 on 27.02.2020 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 1/2 https://hcservices.ecourts.gov.in/hcservices/

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 No.280 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.447 of 2019, on the file of the Inspector of Police, S-12, Chitlapakkam Police station, Chennai, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order.

6. With the above observation, this Criminal Original Petition is allowed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar vsn To 1.The Inspector of Police, S.12 Chittlapakkam Police Station Chennai 2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.4005 of 2020 ad(co) aa09/10/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/