A.K.Magesh Sha v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6509 of 2019 A.K.Mahesh Sha ... Petitioner /Vs/

1. State rep by, The Inspector of Police, B-2, Vishnukanchi Police Station, Kancheepuram District.

2. V.Velmurugan ... Respondents PRAYER: Criminal Original Petition filed under section 482 of Cr.P.C., to call for the records in Crime No.41 of 2019 pending on the file of the Inspector of Police, Vishnukanchi Police Station, Kancheepuram and quash the same. For Petitioner : Mr.S.Jayakumar For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.C.Balaji

O R D E R

This Criminal Original Petition has been filed seeking for to quash the F.I.R in Crime No.41 of 2019 on the file of the first respondent police, pursuant to the compromise arrived at by the parties.

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 Joint Memo of Compromise has been filed before this Court which has been signed by the petitioner and the second respondent and also by their respective counsel. All the parties are present and identified by their respective counsel. https://hcservices.ecourts.gov.in/hcservices/

4. This Court enquired both the parties and is satisfied that the parties have come to an amicable settlement between themselves.

5. 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.41 of 2019.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.41 of 2019, on the file of the first respondent police is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. * (Xerox copy of Memo of Compromise is enclosed herewith) Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar mpa To

1. The Inspector of Police, B-2, Vishnukanchi Police Station, Kancheepuram District.

2. The Public Prosecutor, High Court, Madras.

+2 ccs to Mr.S.Jayakumar, Advocate, S.R.No.23436 Crl.O.P.No.6509 of 2019 SSM(12/04/2019).

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