Moorthy v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.5675 of 2022

1. Moorthy

2. Jaishankar ...

Petitioners Vs

1. The State, Represented by Inspector of Police, Arampakkam Police Station, Tiruvallur District - 601 201.

(Crime No. 12 of 2022)

2. Sanmugam ...

Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to call for the concerned records made in Crime No.12 of 2022 on the file of the Inspector of Police, Arampakkam Police Station, Tiruvallur and quash the same as illegal to secure ends of justice.

For Petitioners : Mr.A. Ramesh For R1 : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records made in Crime No.12 of 2022 on the file of the Inspector of Police, Arampakkam Police Station, Tiruvallur and quash the same.

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 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 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. 12 of 2022.

5. This Criminal Original Petition stands allowed, by quashing the proceedings in Crime No.12 of 2022 on the file of the Inspector of Police, Arampakkam Police Station, Tiruvallur and the affidavit filed by the defacto complainant shall form part and parcel of this Order. The petitioners shall pay a sum of Rs.10,000/-, (Rupees Ten Thousand only) as costs, to the Chief Justice Relief Fund, Tamil Nadu, 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. Consequently, connected miscellaneous petition is closed. 23.09.2022 Internet:Yes Index:Yes/No Speaking/Non speaking order Lpp

G.K.ILANTHIRAIYAN. J, Lpp To

1. The Inspector of Police, Arampakkam Police Station, Tiruvallur District - 601 201.

2.The Public Prosecutor, High Court, Madras.

and Crl.M.P.No.5675 of 2022 23.09.2022