S.Kamalakannan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10758 of 2020 S.Kamalakannan

...Petitioner/ Accused

Vs.

1. The Inspector of Police, W-11, All Women Police Station, High Court, Chennai.

(Crime No.2 of 2020) ..1st Respondent/Complainant 2.K.Kamali ...2nd Respondent/defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.2 of 2020 on the file of the 1st respondent/complainant to quash the same in view of the compromise entered into both parties. For Petitioner : Mr.P.Muthamish Selvakumar For Respondents: Mr.S.Karthikeyan, Additional Public Prosecutor for R1

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.2 of 2020 on the file of the first 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 dated 11.07.2020 has been filed before this Court which have been signed by the petitioner 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 https://hcservices.ecourts.gov.in/hcservices/

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.2 of 2020.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.2 of 2020, on the file of the first respondent police is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.10,000./-, as costs, to the Hon'ble Chief Justice Relief Fund, High Court of Madras 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/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kv To

1. The Inspector of Police, W-11, All Women Police Station, High Court, Chennai.

2.The Public Prosecutor, High Court of Madras.

Copy to:

The Section Officer, Accounts Section, High Court,Madras. Crl.O.P.No.10758 of 2020 A.SK(26/08/2020) https://hcservices.ecourts.gov.in/hcservices/