J.Anthony v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15390 of 2020 and Crl.M.P.No.5857 of 2020 J.Anthony .. Petitioner Vs 1.State rep by:

The Inspector of Police, Korukkupet Railway Police Station, Chennai.

(Crime No.82 of 2020) 2.Bhuvana .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C. to call for records in Crime No.82 of 2020 pending before the Korukkupet Railway Police Station, Chennai and quash the same.

For Petitioner :Mr.M.Madhan Kumar For Respondents :Mr.S.Karthikeyan for R1 Additional Public Prosecutor Mr.M.Ravindhar for R2

O R D E R

This Criminal Original Petition has been filed to call for records in Crime No.82 of 2020 pending before the Korukkupet Railway Police Station, Chennai and quash the same.

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 Supporting Affidavit 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 both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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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.82 of 2020.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.82 of 2020, on the file of the Inspector of Police, Korukkupet Railway Police Station, Chennai is quashed and the terms of Supporting 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 Chief Justice Relief Fund, High Court, 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, the connected criminal miscellaneous petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar rna To 1.The Inspector of Police, Korukkupet Railway Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

3.The Section Officer Account Section High Court, Madras 104.

+1 CC to Mr.M. Madhan Kumar, Advocate sr 32058. Crl.O.P.No.15390 of 2020 and Crl.M.P.No.5857 of 2020 MTI(CO) SP(02/11/2020) https://hcservices.ecourts.gov.in/hcservices/