S.Thilagamani v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.15945 of 2019 S.Thilagamani ..Petitioner Vs.

1. The State Rep. by Inspector o f Police, City Crime Branch, Coimbatore City, Coimbatore District.

2.Perumalsamy ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the proceedings in Crime No.26 of 2018, on the file of the City Crime Branch, Coimbatore.

For Petitioner : Mr. K.Mohanamurali For 1st Respondent: Mr. M.Mohamed Riyaz, Additional Public Prosecutor for R1 : Mr.K.R.Ramesh Kumar for R2

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.26 of 2018, pending on the file of the City Crime Branch, Coimbatore.

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 05.08.2019 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioner and the second respondent were also present in person before this Court and they were identified by the Investigating

Officer. In order to identify the respective parties, they have also produced the copy of the Aadhaar Card 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 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.26 of 2018, pending on the file of the City Crime Branch, Coimbatore.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.26 of 2018, on the file of the City Crime Branch, Coimbatore, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1,500/- (Rupees Thousand Five hundred and fifty 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. * Xerox copies enclosed along with Memo of Compromise s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar tta To

1. The Inspector o f Police, City Crime Branch, Coimbatore City, Coimbatore District.

2.The Public Prosecutor, High Court, Madras.

Copy to 1.The Section officer Accounts Section, High Court,Madras 104.

2.The Section officer Criminal Section High Court, Madras 104 +1 CC to Mr.K.Mohana Murali, Advocate sr 66782. Crl.O.P.No.15945 of 2019 SV(CO) SP(14/08/2019)