M.Karunanithi v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 20.01.2021
CORAM
THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No. 15824 of 2020 Crl.M.P.No. 6062 of 2020 1.M.Karunanithi 2.K.Purusothaman 3.K.Ananthi .. Petitioners Vs.
1.The State Rep. by The Inspector of police, G-5, Chunampet Police Station, Chengalpet District.
2.M.Sivaraj .. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to call for the records in Cr.No.1444 of 2020 on the file of the 1st respondent police and quash the same. For Petitioners: Ms.V.Sarojini For Respondents: Mr.M.Mohamad Riyaz Additional Public Prosecutor for R1 M/s.E.Ezhil Karoline for R2
O R D E R
This petition has been filed to call for the records in Crime No.1444 of 2020 on the file of the 1st respondent police and quash the same.
2. The case is still at 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 Joint Memo of Compromise and affidavit of the 2nd respondent has been filed before this Court which have been signed by the petitioners and the respondent and also by their
respective counsel. The petitioners and the second respondent were also present through Video conferencing and they were identified by Mr.Venkaresan Special Inspector of Police, G-5, Chunampet Police Station, Chengalpet District, who was also present at the time of hearing through Video conferencing. In the affidavit it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.1444 of 2020. 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 Suprme 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. quashes the First Information Report in Crime No.1444 of 2020 pending on the file of the Inspector of Police, G-5, Chunampet Police Station, Chengalpet District.
5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.1444 of 2020, on the file of the Inspector of Police, pending, is quashed and the terms of compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.1000/- (Rupees One Thousand only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), 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. *Xerox copy of the Memo of Compromise Enclosed. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar ssr
To 1.The Inspector of police, G-5, Chunampet Police Station, Chengalpet District.
2. The Public Prosecutor, High Court, Madras.
3.The President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai.
+1cc to M/s.V.Sarojini, Advocate SR.3780 Crl.O.P.No. 15824 of 2020 Crl.M.P.No. 6062 of 2020 SSI(CO) CB(01/03/2021)