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Madras High CourtCRL OP/4126/2024allowed

Ashok Kumar v. The State Rep By

2024-03-18Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.4126 of 2024 and Crl.M.P No.3060 of 2024 Ashok Kumar Petitioner vs.

1. State, Rep. By The Deputy Superintendent of police, Mammallapuram Division, Chengalpet District,.

2. Selvakumar

3. Murugan

4. Suriya

5. Sathya Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the FIR in Crime No118 of 2024 on the file of respondent police.

For Petitioner : Mr.R.Vivekanandan For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime

No118 of 2024, pending on the file of the 1st respondent.

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 Affidavit has been filed by the respondents 2 to 5/de-facto complainants before this Court. The petitioners and the respondents 2 to 5 were also present in person before this Court and they were identified by the respondent police. In the affidavit it has been stated that the petitioners and the respondents 2 to 5 had entered into a compromise and amicably settled their issues in Crime No118 of 2024. 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), 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 No118 of 2024, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No118 of 2024, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed. 18.03.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka To

1. State, Rep. By The Deputy Superintendent of police, Mammallapuram Division, Chengalpet District,.

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

N. ANAND VENKATESH, J.

rka Crl.O.P No.4126 of 2024 and Crl.M.P No.3060 of 2024 18.03.2024