Santhosh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.5173 of 2020 Santhosh ... Petitioner/Accused 2 Vs.

1. The Inspector of Police Ranipet Police Station, Ranipet, Crime No.255 of 2018

...Respondent No.I/

Complainant

2. Rajesh

...Respondent 2/Defacto

Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.255 of 2018 pending investigation on the file of the Inspector of Police, Ranipet Police Station, Ranipet, Ranipet District and quash the same as against this petitioner.

For Petitioner : M/s.M.Kamalahasan For Respondents: Mr.S.Karthikeyan Addl.Public Prosecutor for R1

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.255 of 2018 on the file of the Inspector of Police, Ranipet Police Station, Ranipet, Ranipet district.

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 1/3

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.255 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.255 of 2018, on the file of the Inspector of Police, Ranipet Police Station, Ranipet, Ranipet 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.10,000/-, (Rupees Ten Thousand only) as costs, to the Chief Justice Relief Fund, High Court Madras, 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. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar *Here enclose xerox copy of Joint Compromise Memo dpq To 1.The Inspector of Police Ranipet Police Station, Ranipet, 2.The Public Prosecutor, High Court, Madras.

copy to The Section Officer Accounts Section High Court, Madras 2/3

+1 cc to Mr.Kamalhasan Advocate sr25353 Crl.O.P.No.5173 of 2020 mg(co) aa19/08/2020 3/3