Gnanaraj @ Raji v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9186 of 2019 1.GnanaRaj @ Raji.A.Arun 2.A.Arun 3.Boopathiraj 4.Yoburaj 5.R.Arun Kumar 6.Pradeep 7.Praveen Kumar 8.Moses 9.D.Babu 10.Sathu 11.Tamil Selvan @ Rajini 12.Vincent

...Petitioners

Vs.

1.The State Rep. By, Inspector of Police, K-10, Koyambedu Police Station, Chennai District.

(Crime No.1286 of 2018).

2.P.S.Vadivel

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the proceedings in Crime No.1286 of 2018, pending on the file of the 1st respondent. For Petitioners:

Mr.S.Sugendran For R1 :

Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 :

Mr.R.Murali Krishnan

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.1286 of 2018 on the file of the 1st respondent, pursuant to the compromise arrived at by the parties.

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 has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. 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.1286 of 2018.

5.This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.1286 of 2018, on the file of the 1st respondent is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. Each of the petitioners shall pay a sum of Rs.10,000/- (Rupees ten thousand only), as costs, to the Udavum Karangal, No.460, 25th Street, N.S.K. Nagar, Arumbakkam, 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/- Deputy Registrar(CJ.Conf) //True copy// Sub Assistant Registrar vv2 To 1.The Inspector of Police, K-10, Koyambedu Police Station, Chennai District.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Sugendran, Advocate SR.No.41786 Crl.O.P.No.9186 of 2019 MP(CO) GMY(24/05/2019)