Britto Pradeep @ Britto v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.8752 of 2019 Britto Pradeep @ Britto ... Petitioner/Accused Vs.

1. Inspector of Police, N-2, Kasimedu Police Station Chennai.

.. Respondent/Complainant

2. Arumugam ... Respondent/Defacto Complainant (Crime No.1230/2015) Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the F.I.R.No.1230/2015 on the file of Inspector of Police, N-2, Kasimedu Police Station, Chennai.

For Petitioner : Mr.M.Balaji For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking to quash the F.I.R.No.1230/2015 on the file of Inspector of Police, N-2, Kasimedu Police Station, Chennai.

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. An affidavit of compromise has been filed before this Court which have been signed by the daughter of the second respondent and 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.

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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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.1230/2015.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.1230/2015 on the file of Inspector of Police, N-2, Kasimedu Police Station, Chennai, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.5000/-, as costs, to Chennapuri Annadana Samajam, No.2, Sundara Salai, R.A.Puram, Chennai - 28, 044-2534848, 9841197841, 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.

Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar raja To

1. The Inspector of Police, N-2, Kasimedu Police Station Chennai.

2. The Public Prosecutor, High Court, Madras.

3. Chennapuri Annadana Samajam, No.2, Sundara Salai, R.A.Puram, Chennai - 28 +1cc to Mr.M.Balaji, Advocate SR.No.31488 Crl.O.P.No.8752 of 2019 VBA(CO) GMY(22/05/2019) https://hcservices.ecourts.gov.in/hcservices/