Madras High CourtCRL OP/13957/2020allowed

A.Ayyandurai v. The State By

2020-09-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13957 of 2020 and Crl.M.P.No.5361 of 2020

1. A.Ayyandurai (M/35)

2. A.Arun Kumar (M/30)

3. K.Deepakkumar (M/35)

4. C.Dhanakodi (M/34)

5. R.Parthipan (M/34) ...Petitioners Vs.

1. The State rep by Inspector of Police, Sankari Police Station, Salem District.

(Crime No.620 of 2017)

2. Mr.K.R.Rathinam

3. Indhumathi (F/27)

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to Crime No.620 of 2017 on the file of the Sankari Police Station, Salem District and quash the same.

For Petitioners: Mr.A.Saravanan For R1 : Mr.S.Karthikeyan Additional Public Prosecutor For R3 : Ms.R.Madhubala

ORDER

This petition has been filed for seeking to quash the proceedings in Crime No.620 of 2017 on the file of the Sankari Police Station, Salem District 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.

Affidavit has been filed before this Court on 18.08.2020 which has been signed by the third respondent and also by their respective counsel. All the parties are present and identified by their respective counsel 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.620 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.620 of 2017, on the file of the Inspector of Police, Sankari Police Station, Salem District, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order.

6. With the above observations, this Criminal Original Petition is allowed.

Consequently, connected criminal miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, Sankari Police Station, Salem District.

2. The Public Prosecutor, High Court, Madras.

+1cc to M/s.A.Saravanan, Advocate in SR.NO..30430 Crl.O.P.No.13957 of 2020 and Crl.M.P.No.5361 of 2020 RV(15/10/2020) https://hcservices.ecourts.gov.in/hcservices/