M.Gowtham Chand v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10770 of 2019 1.M.Gowtham Chand 2.M.Prakash Chand 3.M.Mahendra Chand 4.M.Narendra Chand 5.Manju Chordia 6.Chandrakala 7.Prema Naresh 8.Tharun Chordia

...Petitioners

Vs.

1.State by, The Inspector of Police Central Crime Branch, EDF-1, Team-II, Vepery, Chennai 600 007.

2.K.M.Vijayalakshmi

...Respondents

PRAYER:Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and to quash the First Information Report in Crime No.52 of 2019 on the file of the Inspector of Police, Central Crime Branch, EDF-1, Team II, Vepery, Chennai 600 007, as against the petitioners. For Petitioners : Mr.K.R.Ramesh Kumar For Respondents : Mr.Mohamed Riyaz Addl. Public Prosecutor for R1

ORDER

This Criminal Original Petition has been filed to call for the records to call for the records and to quash the First Information Report in Crime No.52 of 2019 on the file of the Inspector of Police, Central Crime Branch, EDF-1, Team II, Vepery, Chennai 600 007, as against the petitioners. 2.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.

3.An affidavit has been filed by the 2nd respondent / defacto complainant before this Court. 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 sides 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 proceedings in Crime No.52 of 2019 pending on the file of the 1st respondent. 5.Accordingly, This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.52 of 2019 pending on the file of the 1st respondent is quashed and the terms of the affidavit filed by the 2nd respondent shall form part and parcel of this Order. The petitioners shall jointly pay a sum of Rs.

10,000/- (Rupees Ten Thousand only), as costs, to the Manasu (Mana Nala Sugalayam), No.695/2, Vaithiar Street, Thirusulam, Chennai-43, Ph.+91-044-22640809 / 7299110658, 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 in the Registry.

* Enclosed Xerox copy of the affidavit filed by Respondent 2 Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kas 1.The Inspector of Police Central Crime Branch, EDF-1, Team-II, Vepery, Chennai 600 007.

2.The Public Prosecutor High Court of Madras copy to:

1. The Manasu, (Mana Nala Sugalayam), No.695/2, Vaithiar Street, Thirusulam, Chennai-43 2.The Section Officer, Criminal Section, High Court, Madras.

(To verify Compliance report) +2cc to Mr.K.R.Ramesh Kumar, Advocate sr.38714 Crl.O.P.No.10770 of 2019 gjII(co) nr 27/05/2019