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Madras High CourtCRL OP/9876/2020allowed

P.Murugan v. The State Rep By Its,

2020-07-31Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9876 of 2020 P.Murugan, S/o.Ponnusamy, No.299, 17th Block, S.M.Nagar, Viyasarpadi, Chennai - 600 039.

... Petitioner/Accused Vs.

1. State by The Inspector of Police, P-3 Viyasarpadi Police Station, Chennai - 600 039.

(Crime No.58 of 2020)

2. Mr.Thangaraj, S/o.Duraisamy, No.24/29, Corporation Line, B-Block, Chellappa Street, Ottery, Chennai - 12.

... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.58 of 2020 on the file of the first respondent police station and quash the same.

For Petitioner : Ms.S.Nadhiya For Respondents For R1 : Mr.S.Karthikeyan Additional Public Prosecutor For R2 : Mr.Pugalenthi

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.58 of 2020 on the file of the Inspector of Police, P-3 Viyasarpadi Police Station, Chennai - 600 039. https://hcservices.ecourts.gov.in/hcservices/

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. A Reply Affidavit of the second respondent has been filed before this Court which has been signed by the second respondent and also by his respective counsel.

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.58 of 2020.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.58 of 2020, on the file of the Inspector of Police, P-3 Viyasarpadi Police Station, Chennai - 600 039, is quashed and the terms of Reply Affidavit of the second respondent shall form part and parcel of this Order. *The Xerox copy of Memo of Compromise enclosed Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar arb To

1. The Inspector of Police, P-3 Viyasarpadi Police Station, Chennai - 600 039.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.9876 of 2020 pp[co] srg 04/12/2020 https://hcservices.ecourts.gov.in/hcservices/