Viknesh @ Vicky v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13992 of 2020 1.Viknesh@Vicky 2.Siva Prasanth 3.Dilly Babu 4.Deepak 5.Venkat@Perumal

...Petitioners/Accused

Vs.

1.State of Tamil Nadu, Inspector of Police, E-4, Abhiramapuram Police Station, Chennai-600 028 ...1st Respondent/Complainant

2. Mr.Sivaraman ...2nd Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to F.I.R. No.771 of 2018 on the file of the first respondent and quash the same.

For Petitioners: Mr.M.Manimaran For Respondents: Mr.S.Karthikeyan Additional Public Prosecutor [R1]

ORDER

This Criminal Original Petition has been filed seeking to quash the F.I.R in Crime No.771 of 2018 on the file of the first respondent.

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 second respondent before this Court on 20.08.2020 for compromise with the petitioners.

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

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.280 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.771 of 2018, on the file of the Inspector of Police, E-4, Abhiramapuram Police Station, Chennai is quashed and the terms of an affidavit filed by the second respondent shall form part and parcel of this Order. The petitioners jointly shall pay a sum of Rs.10,000/-, as costs, to the Chief Justice Relief Fund, High Court of Madras, 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(CS ) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police, E-4, Abhiramapuram Police Station, Chennai-600 028.

2.The Public Prosecutor, High Court, Madras.

Copy to:

1.The Sub Assistant Registrar, Accounts Section, High Court, Madras.

2.The Section Officer, Criminal Section, High Court, Madras.

3.The Section Officer Accounts Section, High Court, Madras.

pvs(co) krd 22/9 Crl.O.P.No.13992 of 2020 https://hcservices.ecourts.gov.in/hcservices/