Kesavan v. Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

1. Kesavan

2. Ofir Uddin Ali

3. Major Ramasamy Alias Ramasamy

4. T.Chelladurai .. Petitioners

Versus

1. Deputy Superintendent of Police, Anaimalai, Pollachi, Coimbatore District.

2. The State Rep by Inspector of Police, Anaimalai Police Station, Coimbatore.

(In Cr.No.29 of 2022)

3. Harisudhakaran .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.29 of 2022 on the file of the second respondent Police and quash the same. 1/6

For Petitioners : M/s.G.R.Deepak For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side) for RR-1 and 2 : Mr.R.Chakkaravarthy for R3

ORDER

The Criminal Original Petitions have been filed to quash the F.I.R in Crime No.29 of 2022, pending on the file of the second respondent.

2. The case is still at the stage of investigation. The parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The affidavit dated 21.04.2023 of the third respondent / de-facto complainant and the joint memo of compromise entered into between the petitioners and the third respondent / de-facto respondent have been filed before this Court. The petitioners and the de-facto complainant were also present in person before this Court. In order to identify the respective parties, they have also produced the copies of the Aadhaar Cards and the Aadhaar Cards are made part of the record. This Court examined the de2/6

facto complainant as to whether he had voluntarily entered into the compromise with the petitioners or whether any pressure was exhorted on him for coming to compromise. The de-facto complainant stated that he on his own volition took the decision and the he does not want to prosecute this case any further. In the affidavit, it has been stated that the petitioners and the third respondent had entered into a compromise and amicably settled their issues in Crime No.29 of 2022. 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 Vs. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 3/6

482 of Cr.P.C., quashes the First Information Report in Crime No.29 of 2022, on the file of the second respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.29 of 2022, on the file of the second respondent Police, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioners shall pay a sum of Rs.1000/- (Rupees One thousand only) each 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 one week from today and file a photocopy of the receipt along with a memo reporting compliance in the Registry. 13.07.2023 (2/2) Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Public Prosecutor, High Court of Madras.

2. The Deputy Superintendent of Police, 4/6

Anaimalai, Pollachi, Coimbatore District.

3. The Inspector of Police, Anaimalai Police Station, Coimbatore.

N.ANAND VENKATESH, J.

grs 5/6

13.07.2023 (2/2) 6/6