Amrish v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2021

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.10427 OF 2021 AND CRL.M.P.NO.6284 OF 2021 Amrish

...Petitioner/Accused-5

Versus

1.State rep.by Inspector of Police Central Crime Branch (CCB-1) Vepery Chennai 07.

2.V.Nedumaran

...Respondents/Defacto Complainant

Prayer: This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code praying to call for the entire records in Crime No.21 of 2021 on the file of the first respondent police and quash the FIR against the petitioner. For Petitioner :Mr.L.Infant Dinesh For Respondents:Mr.A.Damodaran for R1 Government Advocate (Crl.Side) :Mr.R.Damodara Krishnan for R2

O R D E R

The Criminal Original Petition has been filed to call for the entire records in Crime No.21 of 2021 on the file of the first respondent police and quash the FIR against the petitioner.

2. The case is still at the stage of investigation. By passage of time, the parties have decided to compromise the dispute amicably among themselves.

3. A consent affidavit has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. In the https://hcservices.ecourts.gov.in/hcservices/

affidavit it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.21 of 2021. 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 offence involved is 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., inclined to quash the First Information Report in Crime No.4 of 2019.

5. In the result, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.21 of 2021, on the file of the 1st respondent police, is quashed and the terms of consent affidavit shall form part and parcel of this order. Consequently, connected Miscellaneous Petition is also closed.

*Xerox copy of Affidavit enclosed s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar dna To

1. The Inspector of Police Central Crime Branch (CCB-1) Vepery Chennai 07.

2. The Public Prosecutor High Court, Madras.

+1cc to Mr.C.Infant Dinesh, Advocate, SR.No.27849 Crl.O.P.No.10427 of 2021 and Crl.M.P.No.6284 of 2021 VGII(CO) SP(23/07/2021) https://hcservices.ecourts.gov.in/hcservices/