V.Vadivel v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9471 of 2022 V.Vadivel

...Petitioner/Accused No.2

Vs.

1. The State represented by Inspector of Police, Shoolagiri Police Station, Shoolagiri, Krishnagiri District.

... 1st Respondent/Complainant

2. Ravindra Subbanna ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to call for records and quash the FIR in Crime No.55/2018 U/S 147, 447, 294(B), 323 and 506(2) IPC dated 10.02.2018 on the file of the Inspector of Police, Shoolagiri Police Station, Krishnagiri District as far petitioner is concerned.

For Petitioner : M/S.Kanimozhi Sundar For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor.

For R2 : Mr.Adi Narayanan Rao

O R D E R

This Criminal Original Petition has been filed to call for records relating to Crime No.55 of 2018 on the file of the Inspector of Police, Shoolagiri Police Station, Krishnagiri District and quash the same as far petitioner is concerned.

2. The case is under trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A Joint Memo of Compromise dated 25.04.2022 has been filed before this Court, which have been signed by both the petitioner and R2/defacto complainant and also by their

respective counsel. An Affidavit dated 25.04.2022 has been filed by R2/defacto complainant before this Court, which has been signed by R2 and also by his respective counsel. The petitioner and the defacto complainant/R2 are present before this Court and they were identified by their respective counsel. This Court has also enquired both the parties and 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 proceedings in Crime No.55 of 2018 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 Gujarat), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quash the proceedings in Crime No.55 of 2018.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.55 of 2018 on the file of the Inspector of Police, Shoolagiri Police Station, Krishnagiri District, is quashed and the joint compromise memo and the affidavit of the second respondent/defacto complainant, shall form part and parcel of this order.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ENCL:Xerox Copy of Memo of Compromise and Affidavit of the Second Respondent/ defacto Complainant To

1. The Inspector of Police, Shoolagiri Police Station, Shoolagiri, Krishnagiri District.

2. The Public Prosecutor, High Court of Madras.

+3cc to Mr.Kanimozhi Sundar, Advocate SR.No.28568 Crl.O.P.No.9471 of 2022 RSI(CO) GN(05/05/2022)