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Madras High CourtCRL OP/21325/2018allowed

S.Prithi, Aged 32 Years, v. The Inspector Of Police,

2019-08-28Honourable Mr Justice N. Anand Venkatesh8 pages

1 Crl.O.P.No.18529 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.OP Nos.21325 of 21018 & 18529 & 18647 of 2019 and Crl.MP.Nos.11618/2018 & 11245/2019 S.Prithi

...Petitioner in

Crl.OP.No.21325/2018 .Vs.

1.The Inspector of Police, Lawspet Police Station, Lawspet, Puducherry State.

2.K.Kanagasabapathy ..Respondents in Crl.OP.No.21325/2018 K.Kanaga Sabapathy

...Petitioner in

Crl.OP.No.18529/2019 & Crl.OP.No.18647 of 2019 .Vs.

1.State by:

The Superintendent of Police, Collector Office Rd, Moovendar Nagar, Villupuram.

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2 Crl.O.P.No.18529 of 2019 2.The Deputy Superintendent of Police, Kotta Kuppam Division, Thiruchittambalam Koottu Road, Vaanur, Villupuram District.

3.The Inspector of Police, Kotta Kuppam Police Station, M.G.Road, Kotta Kuppam, Vanur Tk, Villupuram District.

4.Mrs.Prithi 5.Mr.A.V.R.Sekar 6.Mr.S.Karthik 7.Mr.Tamilarasan ..Respondents in Crl.OP.No.18529/2019 K.Kanaga Sabapathy

...Petitioner in

Crl.OP.No.18647 of 2019 .Vs.

1.State by:

The Superintendent of Police, Collector Office Rd, Moovendar Nagar, Villupuram.

2.The Deputy Superintendent of Police, Kotta Kuppam Division, Thiruchittambalam Koottu Road, Vaanur, Villupuram District.

3.The Inspector of Police, Kotta Kuppam Police Station, M.G.Road, Kotta Kuppam, Vanur Tk, Villupuram District.

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3 Crl.O.P.No.18529 of 2019 PRAYER in Crl.OP.No.21325 of 2018: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Cr.No.18 of 2018 on the file of the 1st respondent police and quash the same.

PRAYER in Crl.OP.No.18529 of 2019: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1-2 to provide necessary police protection to the petitioner, his minor children, his family, staff and the minor properties from the respondent 3 to 7, their men and agents.

PRAYER in Crl.OP.No.18649 of 2019: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent the respondent police protection to register t he petitioners complaint dated 10.07.2019 and file final report within a stipulated period.

(In Crl.OP.No.21325/2018) For Petitioner : Mr.R.Murugabharathi For 1st Respondent : Mr.Bharatha Chakravarthy Public Prosecutor (Puducherry) (In Crl.OP.Nos.18529&18647/2019) For Petitioner : Mr.A.Raghunathan for Mr.P.T.Perumal For R 1 to R3 : Mr. M.Mohamed Riyaz Additional Public Prosecutor 3/8

4 Crl.O.P.No.18529 of 2019 COMMON ORDER Crl.O.P.No.21325 of 21018, has been filed seeking to call for the records in Cr.No.18 of 2018 on the file of the 1st respondent police and quash the same.

Crl.OP.No.18529 of 2019, has been filed seeking to direct the respondents 1-2 to provide necessary police protection to the petitioner, his minor children, his family, staff and the minor properties from the respondent 3 to 7, their men and agents. Crl.OP.No.18647 of 2019, has been filed seeking to direct the respondent police protection to register the petitioners complaint dated 10.07.2019 and file final report.

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. Mediation Agreement dt.27.08.2019, has been filed by the parties before this Court which have been signed by the petitioner 4/8

5 Crl.O.P.No.18529 of 2019 and the 4th respondent and by their respective counsel. The petitioner and the 4th respondent were also present in person before this Court. 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 case 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., quash the FIR Cr.No.18 of 2018, on the file of the respondent Police. 5.Crl.O.P.No.21325 of 2018, stands allowed and as a sequel, the investigation in Cr.No.18 of 2018, on the file of the respondent Police, is hereby quashed and the terms of Mediation Report dated 27.08.2019, shall form part and parcel of this order. 5/8

6 Crl.O.P.No.18529 of 2019

6. In view of the orders passed in 21325 of 2018, the prayer sought for by the petitioner in Crl.OP.Nos.18529 & 18647 of 2019, become infructuous. Consequently, the connected Miscellaneous Petitions are closed.

28.08.2019 Index : Yes/No Internet : Yes/No KP 6/8

7 Crl.O.P.No.18529 of 2019 To 1.The Inspector of Police, Lawspet Police Station, Lawspet, Puducherry State.

The Superintendent of Police, Collector Office Rd, Moovendar Nagar, Villupuram.

2.The Deputy Superintendent of Police, Kotta Kuppam Division, Thiruchittambalam Koottu Road, Vaanur, Villupuram District.

3.The Inspector of Police, Kotta Kuppam Police Station, M.G.Road, Kotta Kuppam, Vanur Tk, Villupuram District.

4.The Public Prosecutor, High Court of Madras, Madras.

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8 Crl.O.P.No.18529 of 2019 N. ANAND VENKATESH,. J.

KP Crl.OP Nos.21325 of 21018 & 18529 & 18647 of 2019 28.08.2019 8/8