P.Chandrasekar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.09.2016 C O R A M THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Crl.O.P.No.7323 of 2015 P.Chandrasekar ... Petitioner Vs.

1. State: Inspector of Police, Veerapandi Rural Police Station, Tirupur.

2. S.Chandrasekar ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C praying to quash the FIR in Cr.No.1673 of 2014 on the file of the Inspector of Police, Veerapandi Rural Police Station, Tirupur.

For Petitioner : Mr.K.Vignesh Karthick For R1 : Mr.C.Emalias Additional Public Prosecutor For R2 : Mr.H.Rajasekar

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Cr.No.1673 of 2014 on the file of the Inspector of Police, Veerapandi Rural Police Station, Tirupur.

2. Heard the learned counsel appearing for the petitioner, the learned Additional Public Prosecutor appearing for the first respondent State and the learned counsel appearing for the second respondent.

3. On the complaint given by S.Chandrasekar (the second respondent herein), the first respondent police registered a case in Cr.No.1673 of 2014 for the offences u/s 147, 448, 427, 454 and 380(NP) IPC against three named persons and 58 unnamed persons for quashing which P.Chandrasekar (A4) is before this

Court on the ground that the parties have arrived at a compromise.

4. Today, P.Chandrasekar (A4) and S.Chandrasekar, the de facto complainant/the second respondent herein are present before this Court. The learned counsel appearing for the parties have identified them.

5. They have filed a joint compromise memo before their respective counsel. It appears that the parties were referred to Lok Adalat, where they have entered into a compromise. They have also filed a joint compromise memo wherein at paragraphs 2 and 3, it is stated as follows:- "2. With most respect it is submitted that the quash petition was filed on the ground of compromise arrived between the parties, at present, the respondent police taking steps to charge sheet the case which would be mere wastage of precious judicial time.

3. It is more respectfully submitted that with the view of affirming and acknowledging the compromise, the present memo filed by the petitioner and the 2nd respondent/de facto complainant jointly.. There is no force or coercion in such compromise, as such the consent of the parties are ready to appear before this Hon'ble Court at the time of hearing."

6. Hence, this petition is allowed and the FIR in Cr.No.1673 of 2014 is quashed. Though P.Chandrasekar (A4) alone has filed this quash application, the entire FIR is quashed against all the accused, including those who have not approached this Court challenging FIR in Cr.No.1673 of 2016. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar kmi To

1. The Inspector of Police, Veerapandi Rural Police Station, Tirupur.

2. The Public Prosecutor High Court, Chennai.

+1cc to Mr.K.Vignesh Karthick, Advocate, S.R.No.50939 Crl.O.P.No.7323 of 2015 ALA(CO) CA(28/09/2016)