Balakumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :08.03.2022

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.5860 of 2021 Balakumar ... Petitioner/Accused Vs.

1.The State represented by, the Inspector of Police, F2, Egmore Police Station, Chennai. ...1st Respondent/Complainant 2.Jayachandran ... 2nd Respondent/Defacto complainant Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, praying to call for the entire records in F2 Egmore Police Station Cr.No.1596 of 2017, under Section 341, 324 and 506 (ii) of IPC, pending on the file of the first respondent and quash the proceedings insofar as they related to the petitioners.

For Petitioner : Mr.M.Rajavelu For R1 : Mr.A.Gokulakrishnan Additional Pubic Prosecutor For R2 : Mr.R.Sasikumar

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.1596 of 2017, on the file of the first respondent police as against the petitioner.

2.The case is under trial. By efflux of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.An affidavit has been filed by the second respondent before this Court, wherein, it has been stated as follows: "4.I humbly state that the matter have been settled between us. I state that it was agreed between me and the petitioners that in order to have peace we have decided not to pursue in the above matter and precipitate the issues. We have

decided to have a amicable compromise, in pursuant of the above said understanding I am filing this affidavit to give my consent for the quashment of proceedings filed by the petitioner herein to quash the case in F2 Cr.No.1596 of 2017 under Section 341, 324 &506(i) of IPC. Pending investigation on the file of the first respondent, Inspector of Police, F2 Egmore Police Station, Chennai .

5.I, humbly submit that as per the compromise arrived between me and the petitioners the matter is settled amicably.

6.I humbly pray before this Hon'ble Court to consider my affidavit and quash all the further proceedings in connection with F2 Cr.No.1596 of 2017 under Sections 341, 324 & 506(i) of IPC. Pending investigation on the file of the first respondent, Inspector of Police, F2 Egmore Police Station, Chennai."

4.This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves in Crime No.1596 of 2017.

5.Under such circumstances, no useful purpose will be served in keeping the proceedings in Crime No.1596 of 2017 pending. 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 proceedings in Crime No.1596 of 2017.

6.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.1596 of 2017, on the file of the Inspector of Police, F2 Egmore Police Station, Chennai, is quashed and the terms of affidavit filed by the second respondent dated 28.03.2021 shall form part and parcel of this order.

(*)The Xerox Copy of the Affidavit filed by the 2nd Respondent enclosed SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR

Dua 1.The Inspector of Police, F2 Egmore Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+2cc to Mr.M.Rajavelu, Advocate Sr.16030 Crl.O.P.No.5860 of 2021 gpl[co] srg 06/05/2022