M.Saravanan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2020

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.No.24138 of 2014 and Crl.M.P.Nos.1 & 2 of 2014 M.Saravanan

...Petitioner

Vs.

1.State Represented by, Inspector of Police, R-8 Vadapalani Police Station, Vadapalani, Chennai-600 026.

Crime No.397 of 2014.

2.N.Umamaheswar

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.4332 of 2014 pending on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai and quash the proceedings. For Petitioners:

Mr.S.Suresh For R1 :

Mr.C.Iyyappa Raj Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the proceedings in C.C.No.4332 of 2014 on the file of the XVII Metropolitan Magistrate Court, Saidapet, Chennai, pursuant to the compromise arrived at by the parties.

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.A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioner 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 and was satisfied that the parties have come to an amicable settlement between themselves.

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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 First Information Report in Crime No.99 of 2019.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.4332 of 2014, on the file of the XVII Metropolitan Magistrate Court, Saidapet, Chennai is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. Consequently, the connected miscellaneous petitions are closed.

*Herein enclosed the xerox copy of memo of compromise. -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar vv2 To 1.The XVII Metropolitan Magistrate Court, Saidapet, Chennai.

2.The Inspector of Police, R-8 Vadapalani Police Station, Vadapalani, Chennai-600 026.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.24138 of 2014 A.SK(16/07/2020) https://hcservices.ecourts.gov.in/hcservices/