D.Sakthivel v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.07.2019
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P No.9552 of 2019 and Crl.M.P.No.5012 of 2019 D.Sakthivel
...Petitioner
vs.
1. State rep. By The Inspector of Police, H-6 R.K Nagar Police Station, Chennai District Crime No.68 of 2019
2. V.Santhosh ... Respondents PRAYER:
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quasht he proceedings in Crime No.68 of 2019, pending investigation on the file of the Inspector of Police, RK Nagar Police Station,Chennai District.
For Petitioner : Mr.C.D.Johnson For 1st Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.68 of 2019, pending on the file of the 1st 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 08.07.2019 has been filed by the petitioner and the second respondent/de-facto
complainant before this Court. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr. S.Mani, Sub-Inspector of Police, H6, R.K Nagar Police Station, PH: 9962322330. In order to identify the respective parties they have also produced the copies of the Aadhaar Card are made part of the record. In the Joint Memo of Compromise, it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.68 of 2019. 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.68 of 2019.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.68 of 2019, is hereby quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.1000/- (Rupees one Thousand only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week 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. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar uma
1. The Inspector of Police, H-6 R.K Nagar Police Station, Chennai District.
2. The Public Prosecutor High Court of Madras.
3.
The Section Officer, Accounts Section, High Court, Madras-104.
+1cc to Mr.C.D.Johnson, Advocate, S.R.No.57057 Crl.O.P No.9552 of 2019 and Crl.M.P.No.5012 of 2019 SPD(CO) CS/13/08/2019