S.Parvesh Gautam v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.NO.9319 OF 2022 S.Parvesh Gautam ... Petitioner Vs

1. The Inspector of Police, V-7 Nolambur Police Station, Chennai.

(Crime No.192 of 2022)

2. Balasubramani ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the FIR in Crime No.192 of 2022 on the file of the first respondent and quash the same.

For Petitioners :

Mr.B.K.Singh For Respondents :

For R1 :

Mr.A.Gokulakrishnan Additional Public Prosecutor For R2 :

Mrs.K.Banupriya

ORDER

This Criminal Original Petition has been filed, to call for the records pertaining to the FIR in Crime No.192 of 2022 on the file of the first respondent and quash the same.

2. The case of the prosecution is that the second respondent/defacto complainant is working as a delivery boy in a company by name "Fullfity". On 29.03.2022, based on the order from the shop by name "FIPOLO", the second respondent/defacto complainant picked half kilogram of chicken and delivered the same to the petitioner.

While delivering, the second

respondent/defacto complainant demanded money for order and there was a wordy quarrel between the petitioner and the second respondent/defacto complainant. At that time, the petitioner assaulted the second respondent/defacto complainant, whereby, the second respondent/defacto complainant sustained injuries. Thereafter, the second respondent/defacto complainant given a complaint before the first respondent and a case in Crime No.192 of 2022 was registered against the petitioner for the offences punishable under Sections 341, 294(b), 325 and 506(i) of IPC. Hence, the case.

3. 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.

4. A Compromise Agreement has been filed before this Court, which has been signed by the petitioner and the second respondent. The petitioner and the second respondent were also present in person before this Court and they were identified by the Inspector of Police, V-7 Nolambur Police Station, Chennai, the first respondent herein. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves without any third party influence or compulsion.

5. 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.192 of 2022.

6. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.192 of 2022 on the file of the first respondent police is quashed and the terms of joint compromise memo shall form part and parcel of this order.

* Herein Enclosed the Xerox Copy of the Joint Memo of Compromise. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar arb

To

1. The Inspector of Police, V-7 Nolambur Police Station, Chennai.

2. The Public Prosecutor, High Court of Madras.

+1cc to M/s.K.Banupriya, Advocate, S.R.No.28119 +3ccs to Mr.B.K.Singh, Advocate, S.R.No.28028 Crl.O.P.No.9319 of 2022 GMR(CO) RLP(19/05/2022)