Rohit B Ramesh v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.04.2019
CORAM
THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.Nos.11541 and 11546 of 2019 Rohit B. Ramesh ... Petitioner in Crl.O.P.No.11541 of 2019/Accused 1.Rohit B. Ramesh 2.B.M.Ramesh 3.Radhika Ramesh ... Petitioners in Crl.O.P.No.11546 of 2019/Accused
Versus
1.The State Represented by .. 1st Respondent/Complainant Inspector of Police, J-12, Police Station, Kanathur, Mutukadu, Chennai.
2.Sunandhini Ramesh ... 2nd Respondents in Crl.O.P.No.11541 of 2019/Defacto/ Complainant 1.The State Represented by ..1st Respondent/Complainant Inspector of Police, J-12, Police Station, Kanathur, Mutukadu, Chennai.
2.Thiyagarajan ... 2nd Respondents in Crl.O.P.No.11546 of 2019/Defacto/ Complainant Common Prayer:- Criminal Original Petitions in Crl.O.P.Nos.11541 and 11546 of 2019 filed under Section 482 of Criminal Procedure Code, to call for the records and quash the proceedings pending in Crime Nos.23 and 8 of 2019, respectively, on the file of the
Inspector of Police, J-12 Police Station, Kanathur, Mutukadu, Chennai, against the petitioner(s) under the grounds of compromise.
For Petitioner(s) : Mr.S.Shankar in both petitions For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 in both petitions : Mr.R.C.Paul Kanagaraj for R2 in both petitions ` C O M M O N O R D E R These Criminal Original Petitions have been filed to quash the F.I.R in Crime Nos.23 and 8 of 2019 on the file of the Inspector of Police, J-12 Police Station, Kanathur, Mutukadu, Chennai, pursuant to the compromise arrived at by the parties. 2.
The cases are 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.
A Joint Memo of Compromise have been filed before this Court which have been signed by the petitioners and the second respondents 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 reorted 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 Nos.23 and 8 of 2019.
5. These Criminal Original Petitions stands allowed and as a sequel, the proceedings in Crime Nos.23 and 8 of 2019, on the file of the Inspector of Police, J-12 Police Station, Kanathur, Mutukadu, Chennai are quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. Each of the petitioners shall pay a sum of Rs.5000/-, as costs, to the Udavum Karangal, No.460, 25th Street, N.S.K. Nagar, Arumbakkam, Chennai, 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. -Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar ssr To 1.The Inspector of Police, J-12, Police Station, Kanathur, Mutukadu, Chennai.
COPY TO The Public Prosecutor, High Court, Madras.
+ 2 cc to Mr.S.Shankar, Advocate Sr.No.14799 & 41800 Crl.O.P.Nos.11541 and 11546 of 2019 VG-I(CO) RRI 31/05/2019