A.S.Keshav v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10945 of 2020 and Crl.M.P.No.4512 of 2020 1.A.S.Keshav, S/o.S.Anancha Perumal, Director of M/s.K.S.Smart Solution Private Limited, Having office at Flat No.3B, Marble Arch, CIT Colony, Mylapore, Chennai 4.

2. Shankar Varadarajan S/o.S.Varadharajan, Director of M/s.K.S.Smart Solution Private Limited, Having office at Flat No.3B, Marble Arch, CIT Colony, Mylapore, Chennai 4.

3.Sushmit Kumar, S/o.Hariharan, Director of M/s.K.S.Smart Solution Private Limited, Having office at Flat No.3B, Marble Arch, CIT Colony, Mylapore, Chennai 4.

...Petitioners/ Accused 1&4

Vs.

1. State rep. by Inspector of Police Central Crime Branch, Chennai District, Crime No.227 of 2020 ...1st Respondent/complainant

2. B.Mahalaxmi D/o.Bala Subramanian, No.5A, 5th Floor, KRD Gee Gee Crystal, Dr.Radhakrishnan Salai, Mylapore, Chennai 4.

...2nd Respondent/ Defacto complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records in Crime No.227 of 2020 on the file of the respondent police and quash the same. For Petitioners: Mr.A.Damodaran For Respondents For R1 : Mr. S.Karthikeyan, APP For R2 : M/s.B.Priyanka

ORDER

This Criminal Original Petition has been filed to quash the Crime No.227 of 2020 on the file of the respondent police. 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 through Video Conference. 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 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.227 of 2020.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.227 of 2020, on the file of the Inspector of Police, Central Crime Branch, Chennai District 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/-, as costs, to the Chief Justice Relief Fund, Madras High Court, 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, connected miscellaneous petition is closed.

*Herein enclosed the xerox copy of Memo of compromise Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar pvs

To 1.The Inspector of Police Central Crime Branch, Chennai District.

2. The Chief Justice Relief Fund, Madras High Court, Chennai Copy to:

The Public Prosecutor, High Court, Madras.

2. The Section Officer, Accounts Section, High Court,Madras Crl.O.P.No.10945 of 2020 and Crl.M.P.No.4512 of 2020 A.SK(28/09/2020)