M/S.Sree Subhiksha Housing v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 9731 of 2021 and Crl.M.P.No.6021 of 2021

1. M/s.Sree Subhiksha Housing and Enterprises Private Limited, Rep. by its Executive Director Vijay Sundar, No.10/25 B, Ground Floor, Vengeeswarar Nagar First Main Road Vadapalani, Chennai 600 026.

2. Mr.Vijay Sundar

3. Mr.A.Sundar

...Petitioners/Accused

..Vs..

1. The Inspector of Police, Team-XX, EDF-III, City Crime Branch Chennai.

2. Mr.Srikumaran

...Respondent/Complainant

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.139 of 2019 dated 20.08.2019 on the file of the 1st respondent and to quash the same as against the petitioners herein. For Petitioners: Mr.R.Saravanakumar For Respondents For R1 : Mr.A.Damodaran Government Advocate (Crl.side) For R2 : Mr.U.Sriram

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.139 of 2019 on the file of the Inspector of Police, Team-XX, EDF-III, City Crime Branch, 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.A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. In order to identify the respective parties, they have also https://hcservices.ecourts.gov.in/hcservices/

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 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.139 of 2019.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.139 of 2019, on the file of the Inspector of Police, Team XX, EDF-III, CCB, Chennai is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. Each of the petitioners shall pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only), as costs, to the Chief Minister Public Relief Fund, 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 (CCC) //True Copy// Sub Assistant Registrar ENCL: Xerox copy of Joint compromise Memo rts/arr To

1. The Inspector of Police, Team-XX, EDF-III, City Crime Branch Chennai.

2.The Secretary, Chief Minister Public Relief Fund, Chennai.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Saravanakumar, Advocate, S.R.No. Madras. 27670 Crl.O.P.No. 9731 of 2021 SS(CO) GN(23/07/2021) https://hcservices.ecourts.gov.in/hcservices/