Kamesh v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2022 CORAM :
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.6895 of 2022 Kamesh ... Petitioner Vs.
1. State Rep by Sub Inspector of Police, T-3, Korattur Police Station, Chennai - 600 080.
2. R.Brintha ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to quash the First Information Report in Crime No.1194 of 2018 filed by the respondent /complainant and pending on the file of the Judicial Magistrate, Ambattur.
For Petitioner : M/s.K.Santhakumari For Respondent 1 : Mr.A.Gokulakrishnan Additional Public Prosecutor
O R D E R
The Criminal Original Petition has been filed to quash the First Information Report in Crime No. 360 of 2019, on the file of the respondent police, for the offences punishable under Sections 294(b), 352 and 506(i) of IPC.
2.The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.An affidavit has been filed before this Court, which has been signed by second respondent and her Counsel. The petitioner and the second 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.
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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.1194 of 2018.
5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.1194 of 2018, on the file of the first respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. (*)Herein enclosed the xerox copy of Affidavit of R.Brintha Sd/- Assistant Registrar True Copy// Sub Assistant Registrar nti/nr To
1. The learned Judicial Magistrate, Ambattur.
2. The Sub Inspector of Police, T-3, Korattur Police Station, Chennai - 600 080.
3. The Public Prosecutor, High Court of Madras.
+1cc to M/s.K.Santhakumari, Advocate, S.R.No.21472 Crl.O.P.No.6895 of 2022 SKM[co] NSK 12/04/2022 https://hcservices.ecourts.gov.in/hcservices/