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Madras High CourtCRL OP/12925/2020allowed

Giri v. State By Inspector Of Police

2020-08-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.12925 of 2020 Giri

...Petitioner

Vs.

1.State by, Inspector of Police, Mangalamedu Police Station Perambalur District.

2.Jayalakshmi W/o.Giri

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the case pending investigation in Crime No.173 of 2019 pending on the file of the Inspector of Police, Mangalamedu Police Station, Veppanathattai Taluk, Perambalur District and quash the same.

For Petitioner : Mrs.C.Sangamithirai For Respondents For R1 : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.173 of 2019 on the file of the Inspector of Police, Mangalamedu Police Station, Veppanathattai Taluk, Perambalur District.

2.

Heard Mrs.C.Sangamithirai, learned counsel appearing for the petitioner and Mr.S.Karthikeyan, learned Additional Public Prosecutor appearing for the 1st respondent. 3.

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. https://hcservices.ecourts.gov.in/hcservices/

4.

An affidavit has been filed by the 2nd respondent before this Court regarding compromise with the petitioner. Both sides present through video conferencing and identified by their respective counsel. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

5.

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.173 of 2019.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.173 of 2019, on the file of the Inspector of Police, Mangalamedu Police Station, Veppanathattai Taluk, Perambalur District is quashed and the terms of affidavit filed by the 2nd respondent shall form part and parcel of this Order.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar ssn To 1.The Inspector of Police, Mangalamedu Police Station Perambalur District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.12925 of 2020 AD(CO) SP(12/10/2020) https://hcservices.ecourts.gov.in/hcservices/