Angappan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.18206 of 2019

1. Angappan

2. Mechanic Siva @ Siva

3. Balamurugan

4. G.Dinesh @ Dinesh Kumar

5. K.Mohanraj ..Petitioners / Accused Vs.

1. The State Rep. by Sub Inspector of POlice, Jedarpalayam Police Station, Namakkal District.

...Respondent/

Complainant

2. J.Kumar ..Respondent/ Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the Final Report in SC no.51 of 2018 on the file of Principal District Court, Namakkal. For Petitioner : Mr.G.Karithikeyan For Respondents : Mr. M.Mohamed Riyaz, Additional Public Prosecutor for R1

ORDER

The Criminal Original Petition has been filed to quash the proceedings in SC No.51 of 2018, pending on the file of the Principal District Court, Namakkal.

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 dated 11.06.2019 has been filed by the 4th petitioner before this Court. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.M.Prakash, Grade II PC, Jedarpalayam Police Station, Namakkal District. In order to identify the respective parties, they have also produced the copy of the Aadhaar Card, which is 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 proceedings 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 proceedings in S.C.No.51 of 2018, pending on the file of the Principal District Court, Namakkal.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.51 of 2018, on the file of the Principal District Court, Namakkal, is quashed and the terms of affidavit shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.500/- (Rupees 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.

25.07.2019 Speaking Order/Non-speaking Order Index: Yes/No Internet: Yes/No rka To

1. The State Rep. by Sub Inspector of POlice, Jedarpalayam Police Station, Namakkal District.

2.The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH.J rka Crl.O.P.No.18206 of 2019 25.07.2019