Ajith v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.17051 of 2021 1.Ajith 2.Deva 3.Madhan

...Petitioners

Versus

1.The Inspector of Police, B-2 Esplanade Police Station, Esplanade, Chennai - 600 104.

Cr.No.765/2017 2.Saranraj

...Respondents

PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to call for the record in C.C.No.2677 of 2017 on the file of VII Metropolitan Magistrate, George Town, Chennai - 600 001, and quash the same.

For Petitioners :

Mr.B. Elakkiya For Respondents :

Mr.A.Damodaran Additional Public Prosecutor

ORDER

This petition has been filed to call for the record in C.C.No.2677 of 2017 on the file of VII Metropolitan Magistrate, George Town, Chennai - 600 001, and quash the same.

2. The case of the prosecution is that the 2nd respondent and his three friends are pursuing third year LLB in Ambedkar Law College, Chennai. On 10.07.2017 at 1.00.pm when they were near their college, the petitioners who are pursuing fourth year B.A.B.L in the above college, harassed and assaulted them, thereby caused physical injuries to them. In view of the above, the 2nd respondent and his friends lodged a complaint to the respondent police. Pursuant to the complaint lodged by the 2nd respondent and his friends, the respondent police registered FIR with Crime No. 765 of 2017 for offences under Sections 341, 294(b), 323, 506(1) of IPC and final report filed, which is taken on the file of VII Metropolitan

Magistrate, George Town, Chennai - 600 001 in C.C.No.2677 of 2017.

3. The learned counsel for the petitioners submitted that the petitioners are law abiding persons and now efforts taken by the respectable known persons, a compromise has been evolved between both the complainant and the accused persons and the defacto complainant not intended to further proceed with the case in C.C.No. 2677 of 2017, and to that effect a joint compromise memo dated 31.08.2021 filed. Therefore, in the interest of protecting the life of both the parties and their futures, the petitioners have filed this petition to quash the charge sheet in respect of C.C.No. 2677 of 2017.

4. 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.

5. The Joint Compromise Memo dated 31.08.2021 has been filed by the 2nd respondent/de-facto complainant and the petitioners before this Court. The 2nd respondent and petitioners present through Video conferencing. In the affidavit and also joint memo of compromise, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in C.C.No. 2677 of 2017. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

6. Under such circumstances, no useful purpose will be served in keeping the case 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), and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the case in C.C.No.2677 of 2017, pending on the file of the VII Metropolitan Magistrate, George Town, Chennai - 600 001.

7. It is a fight between two college students viz., defacto complaint, who is a third year student and the petitioners, who are the fourth years students. Due to some wordy quarrel, there has been exchange of blows. Now, both of them have compromised and the defacto complainant submits that in a fit of rage, he had lodged a complaint. Later, they became friends. Both the defacto complainant and the petitioners have completed their courses and are now pursuing their careers independently.

8. In view of the above, this Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.

2677 of 2017, pending on the file of the VII Metropolitan Magistrate, George Town, Chennai - 600 001, is quashed and the terms of affidavit and Joint Memo of Compromise shall form part and parcel of this order.

Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar drm/sms To 1.The VII Metropolitan Magistrate, George Town, Chennai - 600 001.

2.-do- through The Chief Metropolitan Magistrate, Egmore, Chennai.

3.The Inspector of Police, B-2 Esplanade Police Station, Esplanade, Chennai - 600 104.

Cr.No.765/2017 4.The Public Prosecutor, High Court, Madras.

CRL.O.P.No.17051 of 2021 BP (CO) PR (02/12/2021)