Velladurai v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10127 of 2021 and Crl.M.P.No.6148 of 2021 1.Velladurai 2.V.Vinod 3.Dhani Lakhsmi

4. V.Sasirekha

...Petitioners

Vs.

1. The State Represented by, The Inspector of Police, R-2, Kodambakkan Police Station, Kodambakkam, Chennai - 600 024.

Crime No. 688 of 2018

2. S.Christophar

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Cr.No.688 of 2018 dated 05.10.2018 pending on the file of the Inspector of Police, R-2, Kodambakkam Police Station, Kodambakkam, Chennai - 600 024 and quash the proceedings therein same.

For Petitioners: Mr.K.Manikandan For Respondents: Mr.A.Damodaran Government Advocate (Crl.Side) (for R-1)

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.688 of 2018 dated 05.10.2018 on the file of the first respondent police.

2. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.

A Memorandum of Understanding 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 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 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.688 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.688 of 2018, on the file of the first respondent police is quashed and the terms of Memorandum of Understanding shall form part and parcel of this Order. The petitioners shall jointly pay a sum of Rs.15,000/-, as costs, to the Chief Minister's Public Relief Fund, Tamil Nadu, 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 before the Registry, failing which this order shall stand automatically cancelled without any further reference to this Court. Consequently, the connected Miscellaneous Petition is closed.

(* Xerox copies enclosed of Memorandum of understanding) s/d- Assistant Registrar True Copy Sub-Assistant Registrar kv To

1. The Inspector of Police, R-2, Kodambakkan Police Station, Kodambakkam, Chennai - 600 024.

2. The Public Prosecutor, High Court of Madras.

3.The Section Officer Criminal Section High Court, Madras 104.

+1 CC to Mr.K.Manikandan, Advocate sr 29789.

Crl.O.P.No.10127 of 2021 SS(CO) SP(26/07/2021)