R.Arjun v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.5531 of 2021 and Crl.M.P No.3560 of 2021 R.Arjun Petitioner vs.

1. STATE REP.BY, THE INSPECTOR OF POLICE, T4-MADURAVOYAL POLICE STATION, CHENNAI.

CR.NO.103 OF 2021.

2 M.MATHIVANAN ..Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.103 of 2021 on the file of the Inspector of Police, T4-Maduravoyal Police Station, Chennai. For Petitioner : Mr.V.Johnson Yuvaraj For Respondents : Mr.C.Raghavan Government Advocate for R1

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.103 of 2021, pending on the file of the 1st respondent.

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. The Affidavit dated 19.03.2021 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present through Video conferencing and they were identified by Mr.Perumalsamy, Sub Inspector of Police,T4 Maduravoyal Police Station, Chennai. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and it is made part of the record. In the affidavit it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.103 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.103 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.103 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 petitioner 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, the connected Miscellaneous Petition is also closed. 22.03.2021 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka

To

1. STATE REP.BY, THE INSPECTOR OF POLICE, T4-MADURAVOYAL POLICE STATION, CHENNAI.

CR.NO.103 OF 2021.

2. The Public Prosecutor, High Court, Madras

N. ANAND VENKATESH, J.

rka Crl.O.P No.5531 of 2021 and Crl.M.P No.3560 of 2021 22.03.2021