V.Kandan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03/07/2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.17220 of 2019 and Crl.M.P.No.8692 of 2019 1.V.Kandan 2.A.Manigandan 3.K.Dinesh @ Dineshkumar ..Petitioners .Vs.

1. The State Rep. by Inspector of Police, B-1, Siva Kanchi Police Station, Kanchipuram, Kanchipuram District.

2. Mr.Venkatesan ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Cr.No.2 of 2019, on the file of 1st respondent herein and quash the First Information Report against the petitioners.

For Petitioners : Mr. A.Saranraj For R 1 : Mr. M.Mohamed Riyaz, APP

ORDER

The Criminal Original Petition has been filed to quash the investigation in Crime No.2 of 2019, pending on the file of the 1st respondent.

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 03.07.2019 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present in person before this Court. In order to identify the respective parties, they have also produced the copy of the Aadhaar Card is 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.

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 of Cr.P.C, quashes the First Information Report in Crime No.2 of 2019, pending on the file of the 1st respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.2 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.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. Consequently, the connected Miscellaneous Petition is also closed. *Enclosed Xerox copy of the Affidavit dated 03/07/19. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar KP To 1.The Inspector o f Police, B-1, Siva Kanchi Police Station, Kanchipuram, Kanchipuram District.

2.The Public Prosecutor, High Court, Madras.

3.The Section Officer, Accounts Section, High Court, Madras.

+1cc to Mr.A.Saran Raj, Advocate sr.55573 Crl.O.P.No.17220 of 2019 rgn(co) nr 07/11/2019