B.Rajesh @ Vella Rajesh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.06.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP.No.14218 of 2019

1. B.Rajesh @ Vella Rajesh

2. R.Rajesh @ Water Rajesh

3. Prasath

4. Selvakumar @ Sella

5. Senthilkumar @ Chinna Senthil

6. Kannan

...Petitioners/Accused 1 to 6

Vs.

1. The State Rep. by Inspector of Police, F-5, Choolaimedu Police Station, Chennai.

Respondent 1/Complainant (Crime No.272 of 2019)

2. E.Manikandan

...Respondent 2/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records relating to the Crime No.272 of 2019 on the file of the 1st respondent and quash the same.

For Petitioner : Mr.D.Lakshmipathy For Respondents : Mr.C.Raghavan Government Advocate for R1 Mr.T.Meganathan for R2

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.272 of 2019 on the file of the 1st respondent police.

2. The case is still in the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A joint memo of Compromise, dated 10.06.2019, has been filed before this Court which have been signed by the petitioners and the 2nd respondent and also 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 case 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 FIR in Crime No.272 of 2019 on the file of the 1st respondent police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.272 of 2019 on the file of the 1st respondent police, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.2500/- (Rupees Two Thousand Five Hundred 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.

*Copy of the Joint Memo of Compromise is enclosed Sd/- Assistant Registrar //True copy// Sub Assistant Registrar ssr To

1. The Inspector of Police, F-5, Choolaimedu Police Station, Chennai.

2. The Sub Assistant Registrar Accounts Section, High Court, Madras -600 104.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.D.Lakshmipathy, Advocate SR.No.49294 CRL.OP.No.14218 of 2019 EV(CO) GMY(08/07/2019)