Mohamed Ashif v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6418 of 2019 and Crl.M.P.No.3576 of 2019 Mohamed Ashif

...Petitioner/Accused-I

Vs.

State by, 1.The Sub Inspector of Police (L & O), V-1, Villivakkam Police Station, Chennai - 600 049.

(Crime No.484 of 2016) ... 1st Respondent/Complainant 2.Saravanan ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.484 of 2016 on the file of the Inspector of Police, V-1 Villivakkam Police Station, Chennai - 600 049 and quash the same. For Petitioner : Mr.G.Mohanakrishnan For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.484 of 2016 on the file of the Inspector of Police(L & O), V-1 Villivakkam Police Station, Chennai, 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 have 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 and the Police. In order to identify the respective parties, they have https://hcservices.ecourts.gov.in/hcservices/

also produced 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.484 of 2016.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.484 of 2016, on the file of the Inspector of Police (L & O), V-1 Villivakkam Police Station, Chennai is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dh To 1.The Inspector of Police, V-1 Villivakkam Police Station, Chennai-600 049 2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.G.Mohanakrishnan, Advocate sr.no.27580 Crl.O.P.No.6418 of 2019 nr 09/05/2019 https://hcservices.ecourts.gov.in/hcservices/