V.Mohan @ Mohan Raj v. State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.NO.12124 OF 2019 1.V.Mohan @ Mohan Raj 2.V.Chittu @ Chittarasu 3.V.Amul @ Amulraj

...Petitioners

vs.

1. State rep. By The Inspector of Police, P-6 Police Station, Kodungaiyur, Chennai-600 118.

2. Anandhan ... Respondents PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the FIR in Crime No.1316 of 2012 dated 07.07.2012 on the file of the 1st respondent police and quash the same.

For Petitioners : Mrs.C.Renuka For 1st Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor For 2nd Respondent : Mr.M.J.Nissar Ahamed

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.1316 of 2017, pending on the file of the 1st respondent.

2. The case is still at 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 dated 19.06.2019 has been filed by the petitioners and the second respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.H.Kamalakannan, SSI, P-6, Kodungaiyur Police Station, PH: 9444177234. In order to identify the respective parties they have also produced the copies of the Aadhaar Card are made part of the record. In the Joint Memo of Compromise, it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.1316 of 2012. 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 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.1316 of 2012.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.1316 of 2012, is hereby quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.500/- (Rupees Five hundred 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 copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar uma To

1. The Inspector of Police, P-6 Police Station, Kodungaiyur, Chennai-600 118.

2. The Public Prosecutor High Court of Madras.

3. The Section Officer, Accounts Section, High Court, Madras-104.

+1cc to Mrs.C.Renuka, Advocate, S.R.No.56442 Crl.O.P.No.12124 of 2019 SS(CO) CS/14/08/2019