Vishnu v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.03.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P No.5491 of 2024 and Crl MP No.4011 of 2024
1. Vishnu
2. Sakthivel
3. Saravanan
4. Pravinbose
...Petitioners
Vs.
1.State rep.by The Inspector of Police, Kanchi Taluk police station, Kancheepuram District ..1st respondent 2.Suriya ...2nd Respondent/Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in Crime No.693 of 2023 pending on the file of the 1st respondent.
For Petitioners : Mr.Swamisubramanian For Respondents 1 : Mr.A.Gopinath, GA (Crl.Side)
ORDER
The Criminal Original Petition has been filed to quash the first information report in Crime No.693 of 2023 on the file of the 1st respondent.
2.
The case is still at the stage of investigation. However, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3.
When the matter was taken up for hearing on 07.03.2024, this Court passed the following order :- The petitioners and the second respondent were present in person. The second respondent stated that he has compromised the dispute with the petitioners and requested this Court to close the case.
2. Considering the nature of allegation that has been made in the First Information Report, learned Government Advocate [Crl.side] seeks for some time to verify the antecedents of the petitioners.
Post this case under the same caption on 11.03.2024 at 02.15 p.m. The petitioners and second respondent need not be present before this Court on that day.
4.
Wen the matter was taken up for hearing today, the learned Government Advocate on instructions submitted that there are no bad antecedents as against the petitioners.
5.
The Joint Compromise Memo dated 29.02.2024 has been filed by the petitioners and the 2nd respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present in person before this Court. In the Memo, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.693 of 2023. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
6.
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.693 of 2023, on
the file of the 1st respondent Police.
7.
This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.693 of 2023, on the file of the 1st respondent police, is quashed and the terms of Memo shall form part and parcel of this order. Each petitioner shall pay a sum of Rs.750/- (Rupees Seven hundred and fifty only) as costs, to the credit of the President, Tamil Nadu Advocate's Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of two weeks from the date of receipt of copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
8.
Post this case under the caption for reporting compliance on 10.04.2023.
13.03.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka
N. ANAND VENKATESH, J.
rka To 1..State rep.by The Inspector of Police, Kanchi Taluk police station, Kancheepuram District 2.The Public Prosecutor, High Court, Madras.
Crl.O.P No.5491 of 2024 13.03.2024