P.Duwarakesh v. State Repby

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.6893 of 2022

1. P.Duwarakesh

2. Paramasivam

3. Mrs.Suguntha

4. Kamesh

5. Easwari

...Petitioners/

Accused 1 to 5 Vs.

1. State Rep by Sub Inspector of Police, T-3, Korattur Police Station, Chennai - 600 080. ...1st Respondent/Complainant

2. R.Brintha ...2nd Respondent/ Defacto Complainant PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to quash the Crime No.147 of 2019 filed by the respondent / complainant and pending on the file of the Judicial Magistrate, Ambattur.

For Petitioners : 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 Crime No.147 of 2019 filed by the respondent / complainant and pending on the file of the Judicial Magistrate, Ambattur. 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. A Memorandum of Settlement has been filed before this https://hcservices.ecourts.gov.in/hcservices/

Court, which has been signed by the defacto complainant/2nd respondent and the 1st petitioner herein. This Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves. Parties are identified by their respective Counsel and the respondent Police.

4.Under such circumstances, this Court is of the opinion that 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.147 of 2019. 5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.147 of 2019, on the file of the first respondent police, is quashed and the terms of Memorandum of Settlement shall form part and parcel of this order.

*Xerox copy of the Memorandum of Settlement enclosed herewith.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar nti/nr To

1. The 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 Ms.K.Santhakumari, Advocate, S.R.No.21473 Crl.O.P.No.6893 of 2022 GPL(CO) RGA(12/04/2022) https://hcservices.ecourts.gov.in/hcservices/