K.Elavarasan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.09.2020
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.14877 of 2020
1. K.Elavarasan, M/34 S/o.Karunakaran, Y Block No.29, Pallakku Manager, Luz Cornor, Mylapore, Chennai - 600 004.
2. N.Babu, M/48 S/o.Natarajan, Ramanuja Garden Street, Kosapet, Perambur Barracks, Chennai - 600 012.
3. K.Anand, M/28 S/o.Kumar, No.20/34, Karpaga Kanniyamman Kovil 3rd Street, Triplicane, Chennai - 600 005.
4. M.Balachandar, M/34, S/o.Murugavel, No.63/43, Thiruvalluvar Pettai, Mandaveli, Chennai - 600 028.
5. Vetri @ Vetrivelan, M/26, S/o.Mani, No.1/19-A, Venkateshwara Nagar 19th Cross Street, Ramapuram, Ambattur, Chennai - 600 089.
6. Lokesh @ Lokeshprabhu, M/26, S/o.Babu, No.4, Dinakar Street, Old Perungalathur, Perungalathur, Chennai - 600 063.
7. C.Nagaraj, M/57, S/o.Munusamy, No.112/17, 13th Central Cross Street, MKB Nagar, Vyasarpadi, Chennai - 600 039.
... Petitioners Vs.
1. The Inspector of Police, CCB Team-I, Vepery, Chennai.
(Crime No.327 of 2018)
2. T.Prasanna, Male/Age-38, S/o.Dr.R.Thirunarayanan, No.145/332, Dr.Natesan Road, Triplicane, Chennai - 600 029.
... Respondents PRAYER: Criminal Original petition is filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.327 of 2018 on the files of the 1st respondent and quash the same. For Petitioners: Mr.A.Ilayaperumal For R1 : Mr.S.Karthikeyan Additional Public Prosecutor
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No. 327 of 2018 on the file of the first respondent police.
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. The affidavit has been filed before this Court on 18.09.2020 which have been signed by the 1st petitioner and also by his counsel. All the parties are present and identified by their respective counsel. 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 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.327 of 2018.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No. 327 of 2018 on the file of the first respondent police is quashed and the terms of affidavit shall form part and parcel of this order. The petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand 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 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 gbi To 1.The Inspector of Police, CCB Team-I, Vepery, Chennai.
2.The Public Prosecutor, Madras High Court, Madras.
3.The Sub Assistant Registrar, Accounts Section, High Court, Madras.
+1 cc to M/s.A.Ilayaperumal, Advocate Sr.No. 31048 Crl.O.P.No.14877 of 2020 LN(CO) RMP(10/11/2020)