Rajendran @ Gilbert v. The Deputy Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2019
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.16470 of 2019 1.Rajendran @ Gilbert 2.Bose @ Gopi 3.Gnanam 4,Ramesh @ Ramesh Kumar 5.Sribanraj 6.Selvaraja Petitioners vs.
1. The Deputy Superintendent of Police, Ariyalur District, Ariyalur.
2.The Inspector of Police, Udayarpalayam Police Station, Ariyalur District.
3.Manivannan Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to Crime No.306 of 2018 pending on the file of the 1st respondent and quash the same by allowing the present Criminal Original Petition.
For Petitioner : M/s.R.Jayaprakash For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 and R2
ORDER
The Criminal Original Petition has been filed to quash the proceedings in Crime No.306 of 2018, pending on the file of the 1st respondent.
2. The case is still at the stage of Trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. The Affidavit dated 25.06.2019 has been filed by the 3rd respondent/de-facto complainant before this Court. The petitioners and the third respondent were also present in person before this Court and they were identified by Investigating Officer. In order to identify the respective parties they have also produced the copies of the Aadhaar Card are made part of the record. In the affidavit it has been stated that the petitioners and the third respondent had entered into a compromise and amicably settled their issues in Crime No.306 of 2018. 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.62 of 2019.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.306 of 2018, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.750/- (Rupees Seven 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 copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
*herein enclosed the xerox copy Memo of Compromise. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar ub
To 1.The Deputy Superintendent of Police, Ariyalur District, Ariyalur.
2.The Inspector of Police, Udayarpalayam Police Station, Ariyalur District.
3. The Public Prosecutor, High Court, Madras.
4. The Section Officer, Accounts Section, High Court,Madras +1cc to M/s.R.Jayaprakash , Advocate SR.No. 53133 Crl.O.P No.16470 of 2019 A.SK(15/07/2019) A.SK(30/07/2019)