R.Shankar v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15330 of 2020 and Crl.M.P.No.5846 of 2020

1. R.Shankar S/o.Raman @ Ramasamy

2. Mahalakshmi W/o.R.Shankar

3. Raman @ Ramasamy S/o.Angamuthu

...Petitioners

.Vs.

1. The Inspector of Police, Attur Town Police Station, Salem District.

(Crime No.545 of 2020)

2. Sivakumar, S/o.Manivel

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.545 of 2020 pending on the file of Inspector of Police, Attur Town Police Station, Salem District and quash the same.

For Petitioners: Mr.B.Vasudevan For Respondents: Mr.S.Karthikeyan Additional Public Prosecutor for R1

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.545 of 2020 on the file of the Inspector of Police, Attur Town Police Station, Salem 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.

An affidavit, dated 16.09.2020 has been filed before this Court which has been signed by the second respondent. https://hcservices.ecourts.gov.in/hcservices/

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.865 of 2020.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.545 of 2020, on the file of the Inspector of Police, Attur Town Police Station, Salem District is quashed and the affidavit filed by the second respondent shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.10,000/-, 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.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, Attur Town Police Station, Salem District.

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

3. The Public Prosecutor, High Court, Madras.

Copy to the Section Officer, Criminal Section, High Court, Madras-104.

Crl.O.P.No.15330 of 2020 and Crl.M.P.No.5846 of 2020 ssi (co) rr ii (10/11/2020 https://hcservices.ecourts.gov.in/hcservices/