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Madras High CourtCRL OP/14481/2020allowed

Jahangeer @ Kappal Bai v. State Represented By

2020-09-21Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.14481 of 2020 Jahangeer @ Kappal Bai S/o.Thavulathgan

...Petitioner

Vs.

1.State represented by, The Inspector of Police, District Crime Branch (DCP) Villupuram District.

2.Rahamathjohn

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.50 of 2018 pending on the file of Inspector of Police, District Crime Branch (DCP), Villupuram District and quash the same. For Petitioner : Mr.S.Nambirajan For Respondents For R1 : Mr.S.Karhikeyan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.50 of 2018 on the file of the Inspector of Police, District Crime Branch, Villupuram 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.

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. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. This Court also enquired https://hcservices.ecourts.gov.in/hcservices/ Page numbers

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.50 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.50 of 2018, on the file of the Inspector of Police, District Crime Branch, Villupuram District, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order.

*Xerox copy of the Memo of Compromise enclosed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar tta To 1.The Inspector of Police, District Crime Branch (DCP) Villupuram District.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 14481 of 2020 BSV(CO) CB(28/10/2020) https://hcservices.ecourts.gov.in/hcservices/ Page numbers