T.M.Anbazhagan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH And Crl.M.P.No.4792 of 2024 1.T.M.Anbazhagan 2.T.A.Mohanakumaran ... Petitioners Vs.

1.State by:

The Inspector of Police T-6, Avadi Police Station, Avadi, Chennai - 600 054.

2.S.Pawankumar ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records in respect of Crime No.178 of 2023 on the file of the first respondent police and quash the same with respect to the petitioners / 3rd and 4th accused herein.

For Petitioners : Mr.C.Munusamy for M/s.V.Anand For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side) M/s.S.Manimaran for R2 1/4

O R D E R

The criminal original petition has been filed seeking to quash the F.I.R. in Crime No.178 of 2023, pending on the file of the first respondent.

2.The case is still at the stage of investigation. The parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The Joint Memo of Compromise dated 25.03.2024 has been filed before this Court which has been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.L.Senthil, Special Sub Inspector of Police, T-6 Avadi Police Station(Crime). In the Joint Memo of Compromise it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.178 of 2023. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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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), and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh Vs. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.178 of 2023, on the file of the first respondent Police.

5.This criminal original petition stands allowed and as a sequel, the proceedings in Crime No.178 of 2023, on the file of the first respondent police, is quashed in so far as the petitioners are concerned and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.750/- (each Rupees Seven Hundred and Fifty Only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period 3/4

N.ANAND VENKATESH,J.

pri 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, the connected miscellaneous petition is closed.

25.03.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Inspector of Police T-6, Avadi Police Station, Avadi, Chennai - 600 054.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

And Crl.M.P.No.4792 of 2024 25.03.2024 4/4