Prabhu v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7328 of 2019 and Crl.M.P.No.4064 of 2019 1.Prabhu 2.A.M.Karthick Raja 3.R.Vasumathi

...Petitioners

Vs.

1.State rep. by Inspector of Police, S-15, Selaiyur Police Station, Selaiyur, Kanchipuram District 2.Vijayalakshmi

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.765 of 2018 on the file of the respondent Police and quash the F.I.R. For Petitioners : Mr.N.Ganesh Murthy For Respondents For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.Ganesh & Ganesh

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.765 of 2018 on the file of the Inspector of Police, S-15, Selaiyur Police Station, Selaiyur, Kanchipuram District, 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 consent affidavit 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 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.765 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.765 of 2018, on the file of the Inspector of Police, S-15, Selaiyur Police Station, Selaiyur, Kanchipuram District is quashed and the terms of consent affidavit shall form part and parcel of this Order. Each of the petitioners shall pay a sum of Rs.5000/- (Rupees Five Thousand only), as costs, to the Annaiyar Mudhiyor Illam situated at Plot No.49, Vedhachalam Nagar, Elango Street, Kancheepuram 631 501, Indra Theatre Backside (Ph.No.9944171324) within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar lok To 1.The Inspector of Police, S-15, Selaiyur Police Station, Selaiyur, Kanchipuram District 2.The Manager, Annaiyar Mudhiyor Illam, Plot No.49, Vedhachalam Nagar, Elango Street, Kancheepuram 631 501, Indra Theatre Backside (Ph.No.9944171324)

3.The Additional Public Prosecutor, High Court of Madras.

+1 cc to M/s.Ganesh & Ganesh, Advocate, Sr.No. 29922 +1 cc to Mr.N.Ganeshmurthy, Advocate, Sr.No. 29910 Crl.O.P.No.7328 of 2019 CSL/14.05.2019