Chandran v. State Inspector Of Police ( Lando)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No.4983 of 2020 1.Chandran 2.Ethiraj @ Ashok ... Petitioners/Accused Vs.

1.State: Inspector of Police [L & O], P-6, Kodungaiyur Police Station, Chennai.

2.Rajendran ... Respondents/Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the records and quash the charge sheet in C.C.No.6556 of 2019 pending on the file of the learned X Metropolitan Magistrate, Egmore.

For Petitioner : Mr.T.K.S.Gandhi For Respondents : Mr.Mohammed Riyaz for R1 Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed to call for the records and quash the charge sheet in C.C.No.6556 of 2019 pending on the file of the learned X Metropolitan Magistrate, Egmore.

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 which have been signed by the petitioners 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 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. https://hcservices.ecourts.gov.in/hcservices/

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 C.C.No.6556 of 2019.

5.It is seen that the petitioners have already paid a sum of Rs.5,000/- towards High Court Legal Services Committee, the same is recorded.

6. In such view of the matter, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.6556 of 2019, on the file of the learned X Metropolitan Magistrate, Egmore, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar tta To 1.The Inspector of Police [L & O], P-6, Kodungaiyur Police Station, Chennai.

2.The X Metropolitan Magistrate, Egmore.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.T.K.S.Gandhi, Advocate, S.R.No. 20266 Crl.O.P.No.4983 of 2020 vba[co] srg 21/07/2020 https://hcservices.ecourts.gov.in/hcservices/