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Madras High CourtCRL OP/7120/2019allowed

Sudhir Jhunjhunwala v. The State Rep By Its,

2019-03-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7120 of 2019 1.Sudhir Jhunjhunwala 2.Madhu Jhunjhunwala

...Petitioners/Accused 2

Vs.

1.State represented by, The Inspector of Police, Central Crime Branch (II Team), Egmore, Chennai.

2.G.Moorthy ..Respondents/Petitioner /Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the F.I.R registered against the petitioners in Crime No.124 of 2008 on the file of the Central Crime Branch, (II Team) Egmore, Chennai.

For Petitioners :

Mr.S.Thiruvengadam For R1 :

Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 :

Mr.P.Dilli Babu

ORDER

This Criminal Original Petition has been filed to quash the F.I.R registered against the petitioners in Crime No.124 of 2008 on the file of the respondent Police.

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 Memorandum 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 https://hcservices.ecourts.gov.in/hcservices/

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 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.124 of 2008.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.124 of 2008, on the file of the Inspector of Police, Central Crime Branch (II Team), Egmore, Chennai is quashed and the terms of Memorandum of Compromise shall form part and parcel of this Order.

Sd/-- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar vv2 To 1.The Inspector of Police, Central Crime Branch (II Team), Egmore, Chennai.

2.The Public Prosecutor, High Court, Madras.

+2ccs to Mr.S.Thiruvengadam , Advocate SR.No. 27126 Crl.O.P.No.7120 of 2019 A.SK(29/04/2019) https://hcservices.ecourts.gov.in/hcservices/