Ajith Kumar v. The 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.5521 OF 2021 Ajith kumar

...Petitioner

Versus

1.

The State represented by its Inspector of Police, Mohanur Police Station, Namakkal.

Crime No.24 of 2018 ...1st Respondent/Complainant 2.Thaiyalnaagi ...2nd Respondent/ Defacto-Complainant This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code praying to call for the records FIR lodged against the petitioner in Crime No.24 of 2018 on the file of the respondent police for the alleged offences under Sections 147, 148, 294(b), 323, 324, 354, 506(ii) of IPC and quash the same.

For Petitioner :

Mr.W.Camyles Gandhi For Respondents :

Mr.M.Mohamed Riyaz R1 Addl. Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to quash the FIR in Crime No.24 of 2018 , 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 12.03.2021 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioner and the second respondent were also present before https://hcservices.ecourts.gov.in/hcservices/

this Court at the time of hearing through video conferencing and they were identified by Mr.Dhanasekaran, Constable, Mohanur Police Station, Namakkal. 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.24 of 2018. 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.24 of 2018, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.24 of 2018, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rli To 1.

The Inspector of Police, Mohanur Police Station, Namakkal.

2.

The Public Prosecutor, High Court of Madras.

+1cc to Mr.W.Camyles Gandhi, Advocate, S.R.No.18319 Crl.O.P.No.5521 of 2021 PM(CO) CS/20/04/2021 https://hcservices.ecourts.gov.in/hcservices/