Sureshkumar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.4899 of 2024 1.Sureshkumar S/o.Narayanasamy 2.Saravanan S/o.Narayanasamy ... Petitioners Vs.

1.State represented by Inspector of Police, Kandili Police Station, Thirupathur District.

2.Chinnathambi S/o.Raman ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records pending on on the file of first respondent in Crime No.77 of 2021 and quash the same. For Petitioners : Mr.E.Kannadasan For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] ***** 1/4

O R D E R

This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.77 of 2021 pending on the file of first 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. A Joint Compromise Memo dated 26.03.2024 signed by both parties and affidavits of petitioners and second respondent have been filed before this Court. The petitioners and second respondent were present before this Court and they were identified by Mr.B.Rajiv, Grade-I 493, Kandili Police Station [94981 18495]. In the Joint Memo of Compromise and in the affidavits, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.77 of 2021 pending on the file of first respondent. This Court also enquired both the parties and this Court 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 2/4

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 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.77 of 2021 pending on the file of first respondent.

This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.77 of 2021 pending on the file of first respondent, is quashed and the terms of Joint Compromise Memo dated 26.03.2024 and the terms of affidavit shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed. 28.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm N.ANAND VENKATESH, J.

gm To 3/4

1.The Inspector of Police, Kandili Police Station, Thirupathur District.

2.The Public Prosecutor, High Court, Madras.

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