Venkatesan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2022 CORAM :

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9607 of 2022 Venkatesan

...Petitioner

Vs 1.State by, The Inspector of Police, Manavalanagar Police Station, Thiruvallur District.

(Cr.No.460 of 2021) 2.Niranjan

...Respondents

Prayer : Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, praying to call for the records relating to pending investigation in Crime No.460 of 2021 on the file of the 1st respondent police and quash the same. For Petitioner :

Mr.R.Sasikumar For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor for R1.

O R D E R

This Criminal Original Petition has been filed to call for the records relating to pending investigation in Crime No.460 of 2021 on the file of the 1st respondent police and quash the same.

2.The case is under 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 petitioner and the 2nd respondent/defacto complainant and both the parties are present before this Court and they were identified by their respective counsel. This Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between

themselves. The relevant portion of the Joint Memo of Compromise Memo dated 13.04.2022 is extracted hereunder:- ''1.Based on a complaint lodged by the 2nd Respondent the above case in Crime No.460 of 2021 has been registered against the Petitioner herein for the offences punishable under sections 406 and 420 of IPC.

2.It is humbly submitted that during the pendency of the investigation the petitioner and the 2nd Respondent arrived at an amicable settlement between them on the advice of the elders and based on which they have filed this Joint memo of Compromise.

3.It is humbly submitted that based on the settlement terms, the Petitioner/Accused agreed to pay a sum of Rs.1,10,000/- (Rupees one lakh and ten thousand) to the 2nd Respondent herein as one time Settlement and the 2nd Respondent also agreed to receive the same. Based on which on 13.04.2022, the Petitioner has paid a sum of Rs.50,000/- to the 2nd Respondent by way of cash and the 2nd Respondent also has received and acknowledged the same. The petitioner aggrieved to pay balance amount a sum of Rs.60,000/- on the day of final hearing of the quash petition.

4.It is humbly submitted that as per the amicable settlement the 2nd Respondent herein agreed to join the prayer of the petitioners for quashing the proceedings in Crime No.460/2021 on the file of the 1st Respondent police.

5.It is humbly submitted that the entire matter was amicably settled between the parties, hence the 2nd Respondent herein on his own willingness agreed to withdraw the complaint in the above Crime No.460/2021 on the file of the 1st Respondent police and/or by quashing the proceedings."

4. Under such circumstances, no useful purpose will be served in keeping the proceedings in Crime No.460 of 2021 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 Gujrat), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quash the proceedings in Crime No.460 of 2021.

5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime.No.460 of 2021 on the

file of the 1st respondent police is quashed and the Joint Memo of Compromise shall form part and parcel of this order. Encl.: Xerox copy of Joint Memo of Compromise Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar jas/tsh To 1.The Inspector of Police, Manavalanagar Police Station, Thiruvallur District.

2.The Public Prosecutor, High Court, Madras.

+1cc to M/s.R.Sasikumar, Advocate Sr.No.29633 Crl.O.P.No.9607 of 2022 SKM(CO) RVM(12/05/2022)