Prakash v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Prakash S/o.Subramani ... Petitioner Vs.

1.State represented by The Inspector of Police, Uthukottai Police Station, Thiruvallur District.

Crime No.455 of 2023 2.Kumar S/o.Nagappa Naidu ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records relating to the case in Crime No.455 of 2023 on the file of first respondent police and quash the same.

For Petitioner : Mr.R.Sasikumar For Respondents : Mr.A.Gopinath Government Advocate [Crl.side] [R1] Mr.B.Sasikala [R2] ***** 1/4

O R D E R

This Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.455 of 2023 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 signed by both parties and affidavits of petitioner and second respondent have been filed before this Court. The petitioner and second respondent were present before this Court. In the Joint Memo of Compromise and in the affidavits, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.455 of 2023 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 2/4

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) 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.455 of 2023 pending on the file of first respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.455 of 2023 pending on the file of first respondent, is quashed and the terms of Joint Compromise Memo and the terms of affidavits shall form part and parcel of this order. The petitioner shall pay a sum of Rs.750/- (Rupees Seven Hundred and Fifty only) as costs, to the credit of the President, Tamil Nadu Advocate's Clerk's Association, High Court Buildings, Madras, A/c No.484026006 IFSC Code:IDIB000M157), within a period of two (2) weeks from N.ANAND VENKATESH, J.

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gm today and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

Post this case under the caption 'for reporting compliance' on 12.04.2024.

28.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm To 1.The Inspector of Police, Uthukottai Police Station, Thiruvallur District.

Crime No.455 of 2023 2.The Public Prosecutor, High Court, Madras.

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