C.S.Shyam Sundar v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13727 of 2020 C.S.Shyam Sundar ... Petitioner/Accused .Vs.

1.State Rep by its The Inspector of Police Central Crime Branch-I Vepery, Chennai.

(Crime No.307/2017) ...1st Respondent/Complainant 2.M/s Pallanishamy Builders Pvt Ltd., ...2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records in Crime No.307 of 2017 on the file of 1st respondent-police Central Crime Branch, TeamI, Vepery, Chennai and quash the same. For Petitioner : Mr.R.Vivekananthan For Respondents: Mr.S.Karthikeyan Additional Public Prosecutor for R1

O R D E R

The Criminal Original Petition has been filed to call for the records in Crime No.307 of 2017 on the file of 1st respondent-police Central Crime Branch, Team-I, Vepery, Chennai and quash the same.

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 of the petitioner as well as the 2nd respondent have been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. This Court 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 https://hcservices.ecourts.gov.in/hcservices/

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.307 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.307 of 2017, on the file of the Inspector of Police, Central Crime Branch-I, Vepery, Chennai, is quashed and the terms of Affidavit of Compromise shall form part and parcel of this Order. Both the petitioner and the 2nd respondent shall pay a sum of Rs.10,000/- each , 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 //True Copy// Sub Assistant Registrar To

1. The Inspector of Police Central Crime Branch-I Vepery, Chennai.

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

3. The Public Prosecutor High Court of Madras.

+1cc to M/s.R.Vivekananthan, Advocate, Sr.No.29051 Crl.O.P.No.13727 of 2020 kj (co) rr ii (22/10/2020) https://hcservices.ecourts.gov.in/hcservices/