Nirmalkumar v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P. No.15203 of 2022 1.Nirmalkumar 2.Anandh .. Petitioners

Versus

1.The State Rep. by The Inspector of Police H-8, Thiruvottiyur Police Station Chennai - 600 019 Crime No.14 of 2021 2.Vijay .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records in C.C.No.14 of 2021 pending on the file of the learned Judicial Magistrate Court, Thiruvottiyur, Chennai - 600 019 and quash the same.

For Petitioners : Mr.S.Apunu For Respondents : Mr.N.Muthuvel for R1 Government Advocate (Crl.Side) Mr.P.Kamesh for R2

O R D E R

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.14 of 2021 pending on the file of the learned Judicial Magistrate Court, Thiruvottiyur, Chennai, for the offences under sections 147, 148, 294[b], 324, 341, 506(ii) read with 149 of IPC.

2. As the parties have decided to compromise the dispute amicably among themselves, they have filed the present petition to quash the proceedings in view of the compromise entered between the parties.

3. The petitioners and the second respondent are present before this Court and they were identified by Mr.S.Mohan Raj, Special Sub Inspector of Police, H-8, Thiruvottiyur Police Station, Chennai, who is also present at the time of hearing. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and it is made part of the record. In the petition it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in C.C.No.14 of 2021. 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), and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. is inclined to quash the case in C.C.No.14 of 2021, pending on the file of the learned Judicial Magistrate Court, Thiruvottiyur, Chennai.

5. According, this Criminal Original Petition stands allowed and the proceedings in C.C.No.14 of 2021 on the file of the learned Judicial Magistrate Court, Thiruvottiyur, Chennai is quashed. 05.07.2022 dhk

N. SATHISH KUMAR, J.

dhk To 1.The Inspector of Police H-8, Thiruvottiyur Police Station Chennai - 600 019 2.The Public Prosecutor, High Court of Madras.

Crl.O.P. No.15203 of 2022 05.07.2022