S.Deepak v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.5470 of 2024 and Crl.M.P No.3907 of 2024 S.Deepak Petitioner vs.

1. State, Rep. by its Inspector of Police, Mangadu Police Station, (Crime No.970 of 2019)

2. A.Babu 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 No.970 of 2019 on the file of Mangadu Police Station, Ambattur as against the petitioner.

For Petitioner : Mr.N.A.Nassir Hussain For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.970 of 2019, 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 compromise Affidavit has been filed by the 2nd respondent/defacto complainant before this Court. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.Sivakumar, Special Sub Inspector of Police, T-14 Mangadu Police Station [Mobile: 9498145548]. In the affidavit it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.970 of 2019. 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 No.970 of 2019, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.970 of 2019, 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. 06.03.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr To

1. The Inspector of Police, Mangadu Police Station.

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

N. ANAND VENKATESH, J.

ssr Crl.O.P No.5470 of 2024 and Crl.M.P No.3907 of 2024 06.03.2024