Thomas Alva Edison v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2022
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.14193 of 2022
1. Thomas Alva Edison
2. Mariya Susai Nickson
...Petitioners
Vs.
1. The Inspector of Police, District Crime Branch, Nagapattinam District.
(Crime No. 9 of 2020)
2. Vasanthi
...Respondents
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C., pleased to call for the records relating to the case in Crime No.9 of 2020 pending investigation on the file of the 1st respondent police and quash the same.
For Petitioners : Mr.G.Mohanakrishnan for Mr.B.Thiyagarajan For R1 : Mr.A.Gokulakrishnan Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking to call for the records relating to the case in Crime No.9 of 2020 registered for the offences under Sections 406, 409, 420, 466, 467, 471, 294(b), 506(i) and 109 of IPC, pending investigation on the file of the 1st respondent police and quash the same.
2. As the parties have decided to compromise the dispute amicably among themselves, they have filed the present petition to quash the proceedings in view of the compromise entered
between the parties. They have also filed a Joint Memo of compromise before this Court for the same.
3. The petitioners and the defacto complainant are present before this Court and they were identified by Mr.G.Mohanakrishnan, learned counsel appearing for the petitioners. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card and it is made part of the record. In the petition, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.9 of 2020. 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), and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. is inclined to quash the case in Crime No.9 of 2020 on the file of the 1st respondent is quashed.
5. Accordingly, this Criminal Original Petition is allowed and the First Information Report registered in Crime No.9 of 2020 against the petitioners on the file of the 1st respondent is quashed.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar rgi/ham To
1. The Inspector of Police, District Crime Branch, Nagapattinam District.
2. The Public Prosecutor, High Court of Madras, Chennai.
+1 CC to Mr.G.Mohanakrishnan, Advocate sr 37595. Crl.O.P.No.14193 of 2022 PMK(CO) SP(01/07/2022)