S.Kumaravel v. The State Rep. By Its Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:18.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 6291 of 2020 1.S.Kumaravel 2.Karthick 3.Raj Kamal 4.Anbarasan 5.Durai Raj

...Petitioners/Accused

Vs.

1.The State rep. by its Inspector of Police, T6, Avadi Police Station, Chennai-600 071.

2.Mamta

...Respondents/Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in FIR Crime No.327 of 2018 on the file of the first respondent police and quash the same. For Petitioners: M/s.G.Devi For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.T.Alben Jicho

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.327 of 2018 on the file of the Inspector of Police,T6-Avadi Police Station, Chennai-600 071. 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.The learned counsel for the petitioner submitted that a Joint Memo of Compromise has been filed before this Court in C.R.P. No.339 of 2018 and by regarding the said memo, this Court 1/2 https://hcservices.ecourts.gov.in/hcservices/

disposed the said petition. The Joint Memo of compromise signed by the parties filed in that C.R.P may be taken for allowing this petition.

4. Under such circumstances, this Court perused the order passed in C.R.P. No.339 of 2018, wherein the parties have entered into the Joint Memo of Compromise, 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.327 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.327 of 2018, on the file of the Inspector of Police, T6-Avadi Police Station, Chennai-600 071, is quashed and the Joint Memo of compromise filed in C.R.P. No.339 of 2018 shall form part and parcel of this Order. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar tta To 1.The Inspector of Police, T6, Avadi Police Station, Chennai-600 071.

2.The Public Prosecutor, High Court, Madras.

+2 cc to M/s.T.AlbenJicho Advocate sr24339 Crl.O.P.No.6291 of 2020 rv(co) aa08/09/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/