Kavi @ Kaviyarasan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.7145 of 2021 1.Kavi @ Kaviyarasan 2.Sathish @ Sathish Kumar 3.Kalai @ Kalaiyarasan 4.S.Deepak @ Deepak Kumar ... Petitioners .Vs.

State rep.by 1.The Inspector of Police, Thirumangalam Police Station, Chennai District.

..1st Respondent/ Complainant (Crime No.1269 of 2017) 2.D.Romiyo ..2nd Respondent/ De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.1269 of 2017 on the file of the 1st respondent/Complainant to quash the same in view of the compromise entered into both parties.

For Petitioner :

Mr.P.Muthamizh Selvakumar For Respondents:

Mr.M.Mohamed Riyaz Additional Public Prosecutor for R 1

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.1269 of 2017, pending on the file of the 1st respondent Police.

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.Memo of Compromise dated 24.03.2021, has been filed before this Court which have been signed by the petitioners and the 2nd respondent/de facto complainant and also by their respective counsel. The petitioners and the 2nd respondent/de facto complainant were also present at the time of hearing through Video Conferencing. 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 case pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court in (Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) reported in (2017) 9 SCC 641 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.1269 of 2017, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, investigation in Crime No.1269 of 2017, on the file of the 1st respondent police, is hereby quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. *Xerox copy of the Joint Memo compromise enclosed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar KP To 1.The Inspector of Police, Thirumangalam Police Station, Chennai District.

2.The Public Prosecutor High Court, Madras.

+1cc to Mr.P.Muthamizh Selvakumar, Advocate, S.R.No.25470 CRL.O.P.No.7145 of 2021 UM(CO) CB(12/07/2021)