Shuhail v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.15959 of 2019 Shuhail ..Petitioner/1st Accused Vs.

1. The Inspector of Police, G-3, Kilpauk Police Station, Chennai.

..Respondent / Complainant

2. A.H.Jahangir ..Respondent /Defacto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the F.I.R No.196 of 2019 on the file of 1st respondent the Inspector of Police, G-3 Kilpauk Police Station, Chennai.

For Petitioner : Mr.Nissar Ahmed N.A For Respondents : Mr.C.Raghavan Government Advocate for R1 No Appearance for R2

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.196 of 2019, pending on the file of the 1st respondent, the Inspector of Police, F-3, Kilpauk Police Station . 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 17.06.2019 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioner was also present in person before this Court and he was identified by Mr.M.Mahesh, Sub Inspector of Police, Law & Order, G3, Kilpauk Police Station, Kilpauk. 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.196 of 2019, pending on the file of the 1st respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.196 of 2019, on the file of the 1st respondent police, 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.1,500/- (Rupees One thousand 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 two weeks from the date of receipt of a copy of this order and file a photocopy of the receipt along with a N.ANAND VENKATESH.J rka

memo reporting compliance in the Registry. Consequently, the connected Miscellaneous Petition is also closed. 21.06.2019 Speaking Order/Non-speaking Order Index: Yes/No Internet: Yes/No rka/msrm To

1. The Inspector of Police, G-3, Kilpauk Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.15959 of 2019 20.06.2019