Sathishkumar v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Sathishkumar, M/44 S/o.Mummorrth ... Petitioner vs.

1.State rep.by The Inspector of Police Mahalingapuram Police Station Coimbatore District.

(Crime No.259 of 2022) ...1st Respondent/Complainant 2.Sakthivel S/o.Natarajan ..2nd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the proceedings in Crime No.259 of 2022, on the file of 1st respondent. For Petitioner : Mr.S.N.Arunkumar For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1] ***** 1/6

O R D E R

This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.259 of 2022, pending on the file of first respondent.

2. The case is still at 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 05.04.2023 signed by both petitioner and second respondent/de facto complainant and their respective counsel has been filed before this Court. An affidavit has also been filed by the second respondent/de-facto complainant before this Court. The petitioner and second respondent were also present in person before this Court and they were identified by Mr.T.Gnanavel, HC 1598, Mahalingapuram PS, Pollachi. In the affidavit it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.259 of 2022 pending on the file of first respondent. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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4. Under such circumstances, no useful purpose will be served in keeping the case 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 Suprme 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. quashes the FIR in Crime No.259 of 2022 pending on the file of first respondent.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.259 of 2022 pending on the file of first respondent is quashed and the terms of affidavit shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1,000/- (Rupees One thousand only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of two weeks from the date of receipt of copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. 3/6

6.The learned counsel for the petitioner submitted that during the course of investigation, certain articles belonging to the petitioner and the de facto complainant were seized by the respondent police and it was produced before the Court. This Court has quashed the FIR and hence, it is left open to both the petitioner as well as the de facto complainant to file a memo before the concerned Court seeking for the return of articles and the concerned Court shall enter the memo and return back whatever articles has been seized and produced before the Court.

7.Post this case for reporting compliance on 23.8.2023. 04.08.2023 Index : Yes/No Speaking Order/Non-Speaking Order KP Note: Issue order copy on 11.8.2023 4/6

To

1. The Inspector of Police Mahalingapuram Police Station Coimbatore District.

2.The Public Prosecutor, High Court of Madras, Madras.

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N. ANAND VENKATESH., J KP for reporting compliance on 23.8.2023 04.08.2023 6/6