Mr.Rajendran @ Raja, v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.08.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP.No.17959 of 2018 and Crl.MP No.9442 of 2018 Rajendran @ Raja

...Petitioner /Accused

Vs.

1.State Rep. by Inspector of Police, V-1, Villivakkam Police Station, Chennai 600 049.

..Respondent/Complainant 2.Mr.A.Nazir

...Respondent/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.676 of 2018 on the file of the respondent and quash the same under the ground of compromise.

For Petitioner : Mr.M.Anand Raj For Respondents : Mr.C.Raghavan Government Advocate for R1 Mr.M.Anandan for R2

ORDER

The Criminal Original Petition has been filed to call for the records relating to the Crime No.676 of 2018, on the file of the 1st respondent and quash the same under the ground of compromise.

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 joint memo of Compromise, dated 20.08.2019, has been filed before this Court which have been signed by the petitioner and the Defacto Complainant/2nd respondent and also by their respective counsel. The petitioner and the 2nd respondent were also present in person before this Court. 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 F.I.R 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 Case in Crime No.676 of 2013 pending on the file of the 1st respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.676 of 2018, pending on the file of the 1st respondent, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1500/- (Rupees One thousand Five hundred only) as costs, to the credit of the Madras High Court Advocate Clerk's Welfare Association, 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. Consequently, the connected Miscellaneous Petition is also closed.

* Copy of memo of Compromise enclosed Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, V-1, Villivakkam Police Station, Chennai 600 049.

2.The Public Prosecutor, High Court, Madras.

Copy to:-

1. The Madras High Court Advocate Clerk's Welfare Association, Chennai.

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

+1cc to Mr.M.Anandaraj, Advocate, SR.No.70731 CRL.OP.No.17959 of 2018 and Crl.MP No.9442 of 2018 Kak(30/09/2019)