K.Logesh v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 15393 of 2020 K. Logesh ... Petitioner Vs

1. State by The Inspector of Police C-5, Kothavalchavadi Police Station, Chennai.

...Respondent

2. Velankanni @ Veni ... Defacto complainant Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in Cr.No.142 of 2019 pending on the file of the Inspector of Police, C-5 Kothavalchavadi Police Station, Chennai and quash the same.

For Petitioner : Mr.R.Thulasi Manikandan For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side ) No appearance for R2

ORDER

This petition has been filed to call for the records in Cr.No.142 of 2019 pending on the file of the Inspector of Police, C-5 Kothavalchavadi Police Station, Chennai and quash the same.

2. The parties namely petitioner and the second respondent have entered into a compromise and also filed a joint compromise memo before the Mediation of Principal Sessions Court, Chennai and paragraph No.5 of the said Memo reads as follows:

" 5. In view of the aforesaid payment made by the petitioner/Accused to the Intervener/Defacto Complainant namely Mrs.Velankanni @ Veni w/o.Saravanan through his sister Selvi, the issue between petitioner/Accused and Defacto Complainant settled by virtue of this Joint Compromise Memo." https://hcservices.ecourts.gov.in/hcservices/

3. 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.142 of 2019.

4. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.142 of 2019, on the file of the Inspector of Police, C-5, Kothavalchavadi Police Station, Chennai, is quashed.

Sd/- Assistant Registrar(CS-IX) //True copy// Sub Assistant Registrar gv To

1. The Inspector of Police C-5, Kothavalchavadi Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras, Chennai.

+1cc to Mr.R.Thulasi, Advocate SR.No.34731 Crl.O.P.No. 15393 of 2020 MG(CO) GMY(24/06/2022) https://hcservices.ecourts.gov.in/hcservices/