Maran @ Elamaran v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.16020 of 2019 Maran @ Elamaran ... Petitioner vs.

1.State represented by, The Inspector of Police, E-5, Shozhavaram Police Station, Thiruvallur District.

(Crime No.73/2010) 2.Gnanamoorthy ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records relating to the FIR in Crime No.73 of 2010, on the file of Inspector of Police, E-5, Shozhavaram Police Station, Thiruvallur District and to quash the same.

For Petitioner : Mr.M.Vinoth For Respondents: Mr.M.Mohammed Riyaz Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.73 of 2010, on the file of The Inspector of Police, E-5, Shozhavaram Police Station, Thiruvallur District.

2. The case is still at 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 19.06.2019 has been filed by the petitioner and the 2nd respondent/de-facto complainant separately 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 copies of the Aadhaar Card are made part of the record. In the affidavit, it has been stated that the petitioner and the 2nd respondent had entered into a compromise and amicably settled their issues in Crime No.73 of 2010. This Court also enquired https://hcservices.ecourts.gov.in/hcservices/

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.73 of 2010.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.73 of 2010, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.500/- (Rupees 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 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. * Xerox copy of the Joint Compromise Memo enclosed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jas/ub To 1.The Inspector of Police, E-5, Shozhavaram Police Station, Thiruvallur District.

(Crime No.73/2010) 2.The Public Prosecutor High Court of Madras.

Copy To:

The Section Officer, The Account Section, High Court, Madras.

+1cc to Mr.Vinoth, Advocate, S.R.No.55755 Crl.O.P No.16020 of 2019 NR(CO) RRS(08/08/2019) https://hcservices.ecourts.gov.in/hcservices/