Arun v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.04.2021 CORAM :

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.6394 of 2021

1. Arun

2. Elamparuthi

3. Sanjay kumar .. Petitioners/Accused Vs.

1. The Inspector of Police, H-5, New Washermenpet police Station, Chennai

2. Thalapathy .. Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in Crime No.15 of 2021 on the file of the 1st respondent and quash the same. For Petitioner : Mr.K.Thenrajan For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 Mr.E.Viswanathan for R2

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.15 of 2021, pending on the file of the 1st respondent.

2. The case is still at 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 Affidavit dated 25.03.2021 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present through Video conferencing and they were identified by Mr.Marimuthu, H-5, New Washermenpet police Station, Chennai. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and it is made part of the record. https://hcservices.ecourts.gov.in/hcservices/

In the affidavit it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.15 of 2021. 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), and after exercising due caution as advised by the Hon'ble Suprme Court in The State of Madhya Pradesh v. 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.15 of 2021, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.15 of 2021, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order.

*Xerox copy of the Affidavit enclosed.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar rka To

1. The Inspector of Police, H-5, New Washermenpet police Station, Chennai

2. The Additional Public Prosecutor, High Court, Madras.

Crl.O.P.No.6394 of 2021 RLD(CO) CB(24/06/2021) https://hcservices.ecourts.gov.in/hcservices/