F.Gopi v. The State Representedby

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.06.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Criminal O.P.No. 9493 of 2020

1. F.Gopi

2. R.Martin

3. M.Anbu 4.F.Robert

...Petitioners

Vs.

1.The State represented by The Inspector of Police Tirukoyilur Police Station Villupuram District.

(Crime No.490 of 2013) 2.G.Ammavasai

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.25 of 2016 on the file of the Hon'ble Judicial Magistrate, Tirukoyilur and quash the same against the petitioners.

For Petitioners: Mr. R.Vivekananthan For Respondents For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.25 of 2016 on the file of the Hon'ble Judicial Magistrate, Tirukoyilur against the petitioners.

2.

It is seen that 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. In this regard, affidavits have been filed before this Court, which have been signed

by the petitioners and the second respondent. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

3.

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. is inclined to quash the proceedings in C.C.No.25 of 2016 on the file of the Judicial Magistrate, Tirukoyilur.

4.

This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.25 of 2016, on the file of the Judicial Magistrate, Tirukoyilur is quashed and the affidavits filed by the petitioners and the second respondent shall form part and parcel of this Order. The petitioners shall jointly pay a sum of Rs.10,000/-[Rupees Ten Thousand Only], as costs, to the Chief Justice Relief Fund, Madras High Court, Chennai, 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 //True Copy// Sub Assistant Registrar maya/lok To 1.The Judicial Magistrate Court, Tirukoyilur.

2. The Inspector of Police Tirukoyilur Police Station Villupuram District.

3. The Public Prosecutor High Court of Madras Chennai.

4.The Deputy Registrar(Accounts) High Court, Madras.

5.The Section Officer, Accounts Section, High Court, Madras-104.

6.The Section Officer, Criminal Section, High Court, Madras-104.

(Fort post the case for reporting Compliance) Crl.O.P. No. 9493 of 2020 SSV(CO) CB(16/07/2020)