Devadoss v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.06.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P NO.9019 OF 2020 AND CRL.M.P NO.4202 OF 2020 1.Devadoss 2.D.Santhosh ... Petitioners/ Accused 1 & 2 Vs.

1. The State Represented by The Inspector of Police Chrompet Police Station Cr.No.343 of 2020

2. D.Sathish ... Respondents/Defacto Complainant PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the FIR in Crime No.343 of 2020 pending on the file of the S-13 Chrompet Police Station.

For Petitioners: Mr.Mithelesh DK For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.343 of 2020 pending on the file of the S-13 Chrompet Police Station.

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.The Joint Compromise Memo and the Affidavit of the 2nd https://hcservices.ecourts.gov.in/hcservices/

respondent dated 16.06.2020 have been filed by the petitioners and the 2nd respondent/de-facto complainant. The petitioners and the 2nd respondent were also present through Video Conference and they were identified by their respective counsel. In the Joint Compromise Memo and in the Affidavit, it has been stated that the petitioners and the 2nd respondent had amicably settled their issues in Crime No.343 of 2020. 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.343 of 2020.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.343 of 2020, on the file of the 1st respondent police, is quashed and the terms of joint compromise memo and the affidavit filed by the 2nd respondent shall form part and parcel of this order. Consequently, the connected Miscellaneous Petition is closed.

* Xerox copy of Memo of Compromise and Affidavit enclosed Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kas To 1.

The Inspector of Police Chrompet Police Station, Chennai.

2.

The Public Prosecutor, High Court to Madras, Chennai 600 104.

Crl.O.P No.9019 of 2020 MR(CO) CS/07/09/2020 https://hcservices.ecourts.gov.in/hcservices/