G.Nachiappan v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13524 of 2020 and Crl.M.P.Nos.5237 & 5238 of 2020 G.Nachiappan, S/o.K.R.Ganesan No.10, Venkatesan First Cross Street, Virugambakkam, Chennai.

... Petitioner Vs.

1. The State represented by its Deputy Superintendent of Police, CBCID Headquarters, Egmore, Chennai (Crime No.23 of 2019)

2. S.M.Jameel Ahamed, S/o.S.M.Ismail, No.61, Sydenhams Road, Periamet, Chennai - 600 003. ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to Crime No.23 of 2019 on the file of 1st Respondent police and quash the same.

For Petitioner : Mr.R.Ragavendran For Respondent : Mr.S.Karthikeyan (For R1) Additional Public Prosecutor.

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in Crime No.23 of 2019 on the file of the first respondent police for an alleged offences under Sections 120B, 420 and 406 of IPC.

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. A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. In order to identify the respective parties they have also produced the copies of the Aadhaar Card which are made part of the record. This Court also enquired both the parties and was satisfied https://hcservices.ecourts.gov.in/hcservices/

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 First Information Report in Crime No.23 of 2019.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.23 of 2019 on the file of the first respondent police is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) as costs to the credit of the "Chief Justice Relief Fund" (payable in Accounts Section of the High Court Registry), 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. Consequently, the connected Miscellaneous Petitions are also closed.

*Herein enter the xerox copy of Joint compromise Memo . Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mpa To 1.The Deputy Superintendent of Police, CBCID Headquarters, Egmore, Chennai.

2. The Public Prosecutor, High Court, Madras.

Copy to:

The Section Officer, Accounts Section, High Court,Madras +2ccs to Mr.R.Ragavendran , Advocate SR.No. 28612 Crl.O.P.No.13524 of 2020 and Crl.M.P.Nos.5237 & 5238 of 2020 A.SK(09/11/2020) https://hcservices.ecourts.gov.in/hcservices/