Muttaikose @ Kumar, M/A 39 Y, v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:16.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.1612 of 2018 1.Muttaikose @ Kumar 2.Mathiyalagan 3.Ramesh 4.Karthik 5.Shidharthan 6.Thangadurai 7.Malikanth 8.Jayasuriya 9.Boopalan 10.Elango 11.Senthil Kumar 12.Suresh 13.Kumar 14.Ramkumar 15.Manikandan

...Petitioners

Vs.

1.State rep. by Inspector of Police Velur Police Station Paramathi Velur Taluk Namakkal District 2.N.Manikandan

...Respondents

PRAYER:Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the First Information Report registered in Crime No.217 of 2015 dated 04.05.2015, on the file of the 1st respondent / Velur Police Station, Paramathi Velur Taluk, Namakkal District. For Petitioners: Mr.S.Vediappan For Respondents: Mr.Mohamed Riyaz Addl. Public Prosecutor for R1

ORDER

This Criminal Original Petition has been filed to call for the records and quash the First Information Report registered in Crime No.217 of 2015 dated 04.05.2015, on the file of the 1st respondent / Velur Police Station, Paramathi Velur Taluk, Namakkal District.

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 has been filed by the 2nd respondent / defacto complainant before this Court. 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 sides 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the F.I.R. registered in Crime No.217 of 2015, dated 04.05.2015, pending on the file of the 1st respondent / Velur Police Station, Paramathi Velur Taluk, Namakkal District.

5.Accordingly, This Criminal Original Petition stands allowed and as a sequel, the proceedings in F.I.R. registered in Crime No.217 of 2015, dated 04.05.2015, pending on the file of the 1st respondent / Velur Police Station, Paramathi Velur Taluk, Namakkal District is quashed and the terms of the affidavit filed by the 2nd respondent shall form part and parcel of this Order. The petitioners shall jointly pay a sum of Rs.10,000/- (Rupees Ten Thousand only), as costs, to the Chennapuri Annadana Samajam, No.2, Sundara Salai, R.A.Puram, Chennai-28, Ph.+91-04425354848 / 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. *Enclosed Xerox Copy of the Affidavit of R2 Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar

To.

1. Inspector of Police Velur Police Station Paramathi Velur Taluk Namakkal District 2.The Public Prosecutor High Court of Madras copy to:

1.The Mnager, Chennapuri Annadana Samajam, No.2, Sundara Salai, R.A.Puram, Chennai-28

2. The Registrar(Judicial) High Court Madras(To receive memo Compliance) +1cc to Mr.S.Vediappan, Advocate sr.37508 Crl.O.P.No.1612 of 2018 nr 05/08/2019