K.Harish v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15660 of 2020 and Crl.M.P.No.5983 of 2020 1.Harish, 2.Rishikanth 3.Dhanush kumar

...Petitioners

Vs.

1. The State rep by, The Sub Inspector of Police, Vaniyambadi Town Police Station, Tirupattur District.

(Crime No.265/2019)

2. Sivakumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to Crime No.265 of 2019 pending on the file of the first respondent police and quash the same.

For Petitioner : Mr.A.Suresh Sakthi Murugan For R1 : Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

This petition has been filed for seeking to quash the proceedings in Crime No.265 of 2019, pending investigation on the file of the first respondent police.

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.

The affidavit has been filed before this Court on 26.09.2020 which have been signed by the petitioners 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 https://hcservices.ecourts.gov.in/hcservices/

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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.265 of 2019.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.265 of 2019, on the file of the the Sub-Inspector of Police, Vaniyambadi Town Police Station, Tirupattur District is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner shall pay a sum of Rs.5,000/-each, as costs, to the Chief Justice Relief Fund, High Court of 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, connected miscellaneous petition is closed.

*Xerox copy of memo of Compromise dated 26/09/2020 enclosed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Sub-Inspector of Police, Vaniyambadi Town police station, Tirupattur district.

2. The Public Prosecutor, High Court, Madras.

3. The Sub Assistant Registrar, Accounts Section, High Court, Madras.

+3cc to Mr.A.Suresh Sakthi Murugan, Advocate, S.R.No.32570 +1cc to Mr.A.Suresh Sakthi Murugan , Advocate, S.R.No.32360 Crl.O.P.No.15660 of 2020 and Crl.M.P.No.5983 of 2020 LN(CO) RV(20/11/2020) https://hcservices.ecourts.gov.in/hcservices/