Pavul @ Senthamizhvendan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9965 of 2019 1.Pavul @ Senthamizhvendan 2.R.Ranjith

...Petitioner

Vs.

1.State rep by, The Inspector of Police, Vandavasi South Police Station Thiruvannamalai District.

2.R.Mooventhan ...Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the entire records in connection with the FIR in Crime No.431 of 2016, on the file of the 1st respondent and quash the same.

For Petitioner : Mr.A.Saravanan For Respondents For R1 : Mr.C.Raghavan Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No. 431 of 2016 pending on the file of the 1st respondent Police, pursuant to the compromise arrived at by the parties.

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.

A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioner and the second respondent and also 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.

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 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 FIR in Crime No. 431 of 2016.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings FIR in Crime No.431 of 2016, on the file of the 1st respondent 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.5,000/-, as costs, to the Adiannamalai, Girivalam Road, Tiruvannamalai-606601 ,Near Varnalingam Temple (Udavum Karangal) Ph.No.9944018805, 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.

mpa/vsn * Copy of Joint Memo is enclosed Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, Vandavasi South Police Station Thiruvannamalai District.

2. The Manager, Adiannamalai, Girivalam Road, Thiruvannamalai - 606 601 Near Varnalingam Temple, Udavum Karangal.

(Ph:99440 18805)

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Saravanan, Advocate, SR.No.36184 Crl.O.P.No.9965 of 2019 Kak(29/05/2019)