E.N.Dinesh Raj v. Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 5796 of 2019

1. E.N.Dinesh Raj

2. Nagarajan

3. Tamilselvi

...Petitioners

Vs.

1. Sub Inspector of Police, Erode North Police Station, Erode.

2. S.Vidya

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records of FIR No.49 of 2019 on the file of the 1st Respondent registered by the 1st respondent based upon the complaint lodged by the Defacto Complainant/2nd Respondent and quash the same.

For Petitioners: Mr.S.Natana Rajan For Respondents For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.C.E.Pratap

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.49 of 2019 on the file of the Sub Inspector of Police, Erode North Police Station, Erode District, pursuant to the compromise arrived at by the parties. 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.

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.49 of 2019, on the file of the Sub Inspector of Police, Erode North Police Station, Erode District is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. Each of the petitioners shall pay a sum of Rs. 5,000/-, as costs, to the Chief Justice Relief Fund, within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

Xerox Copy of the Joint Memo of Compromise enclosed Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar ssr To

1. The Sub Inspector of Police, Erode North Police Station, Erode.

2.The Public Prosecutor, High Court, Madras.

Copy To The Sub Assistant Registrar, Accounts Section, High Court, Madras-104 +1cc to Mr.S.Natana Rajan, Advocate SR.No.29110 +1cc to Mr.C.E.Pratap, Advocate SR.No.29391 Crl.O.P.No. 5796 of 2019 SSP(CO) GMY(02/05/2019)