T.Sivagnanam v. State Rep By The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.5509 of 2023 and Crl.M.P No.3460 of 2023 T.Sivagnanam Petitioner vs.

1. State Rep. by: The Sub-Inspector of Police, S-16, Perumbakkam Police Station, (S10, Pallikarani Police Station) Chennai - 600 100.

(Crime No.110 of 2021)

2. S.Rajalakshmi Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in connectin with the case, FIR in Crime No.110 of 2021 pending on the file of S-16, Perumbakkam Police Station (S10, Pallikarani Police Station) Chennai and quash the same. For Petitioner : Mr.T.Shanmugaboopathi 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.110 of 2021, 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 dated 16.06.2023 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.G.Ekambaram, Sub Inspector of Police, T-17, Perumbakkam Police Station, Pallikaranai District, Tambaram Commissionerate [Mobile: 9444237906]. 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.110 of 2021. 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.110 of 2021, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.110 of 2021, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioners shall pay a sum of Rs.1000/- (Rupees One Thousand only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), 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. Consequently, connected miscellaneous petition is closed.

18.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr

N. ANAND VENKATESH, J.

ssr To 1.The Sub-Inspector of Police, S-16, Perumbakkam Police Station, (S10, Pallikarani Police Station) Chennai - 600 100.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P No.5509 of 2023 and Crl.M.P No.3460 of 2023 10.07.2023