Yusuf Mohammed v. The Inspector Of Police (Law And Order)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2022
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.10285 OF 2022 1.Yusuf Mohammed 2.Bala ... Petitioners
Versus
1. State by;
The Inspector of Police (L&O), Kothavalchavadi Police Station, Chennai.
(Cr.No.261/2021).
2. Parasamal Bothra ... Respondents PRAYER:
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the FIR in Cr.No.261/2021 pending on the file of the Kothavalchavadi Police Station, Chennai.
For Petitioners:
Mr.D.Ashok Kumar For R1 :
Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to quash the FIR in Crime No.261 of 2021 pending on the file of the 1st respondent Police, for the offence under Sections 341, 294(b), 324 and 506(ii) of IPC.
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 compromise memo has been filed before this Court which has been signed by the petitioners and the 2nd respondent and also by the learned counsel for the petitioners. The petitioners and the 2nd respondent are present before this Court https://hcservices.ecourts.gov.in/hcservices/
and they were identified by Mr.R.Balasubramanian, Sub Inspector of Police, Kothavalchavadi Police Station, Chennai, who is also present at the time of hearing. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card and it is made part of the record. In the compromise memo, it has been stated that the petitioners and the 2nd respondent have entered into a compromise and amicably settled their issues in Crime No.261 of 2021. 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), and after exercising due caution as advised by the Hon'ble Supreme Court in "The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10", this Court in exercise of its jurisdiction under Section 482 Cr.P.C., is inclined to quash the FIR in Crime No.261 of 2021 on the file of the 1st respondent Police.
5.According, this Criminal Original Petition stands allowed and the FIR in Crime No.261 of 2021 on the file of the 1st respondent Police is quashed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar vv2 To
1. The Inspector of Police (L&O), Kothavalchavadi Police Station, Chennai.
2. The Public Prosecutor, High Court, Madras.
+1cc to Mr.D.Ashok Kumar, Advocate, S.R.No.37899 CRL.O.P.No.10285 of 2022 RLD(CO) PM/05/07/2022 https://hcservices.ecourts.gov.in/hcservices/