Seetharaman v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.01.2021

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No. 17969 of 2020 1.Seetharaman 2.Prabhakaran 3.Elumalai 4.Govindhan 5.Velsamy 6.Sarathkumar 7.Kannadasan 8.Kaviyaarasan 9.Krishnan 10.Natarajan 11.Venkatesan 12.Seenu 13.Govindhan 14.Velusamy 15.Chinnaiyan 16.Kesavan 17.Murugan 18.Elumalai 19.Purushothaman 20.Govindaraj 21.Dhomotharan 22.Velmurugan 23.Dinesh @ Dineshkumar 24.Arumugam 25.Kalvarayan 26.Elumalai 27.Vadamalai 28.Tamilselvan 29.Lilavinothan 30.Sathish @ Sathishkumar 31.Vignesh 32.Govindharajan @ Govindharasu 33.Veerappan 34.Mathiyazhagan 35.Kamalakannan 36.Selvam 37.Subash @ Subashbabu 38.Dhanansezhiyan 39.Vadivel

40.Shanmugam 41.Ganesan 42.Senthil 43.Harigovindan 44.Ramadoss 45.Loganathan 46.Vishvanathan 47.Gunasekaran 48.Manikandan 49.Kannan 50.Vengadesan 51.Sarathkumar 52.Mahendiran 53.Veerapandiyan 54.Purusothaman 55.Nadesan 56.Arumugam 57.Gopi 58.Sridhar 59.Karunanithi 60.Chinnadurai @ Elumalai ..Petitioners Vs.

1.State of Tamil Nadu Inspector of police, Thirunavalur Police Station, Villupuram District.

2.Balu ..Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code to call for the records relating to F.I.R.No.972/2020 on the file of first respondent police and quash the same.

For Petitioners : Mr.K.Vijyaragavan For Respondents : Mr.M.Mohamad Riyaz Additional Public Prosecutor for R1

O R D E R

The Criminal Original Petition has been filed to call for the records in Crime No.972 of 2020 pending investigation on the file of 1st respondent and to quash the same.

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. A Joint Memo of Compromise and affidavit of the 2nd respondent has been filed before this Court which have been signed by the petitioners and the respondent and also by their respective counsel. The petitioners and the second respondent were also present through Video conferencing and they were identified by Mr.Srinivasan, Inspector of Police, Thirunavalur Police Station, Villupuram District, who was also present at the time of hearing through Video conferencing. In the affidavit it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.972 of 2020. 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), and after exercising due caution as advised by the Hon'ble Suprme 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 First Information Report in Crime No.972 of 2020 pending on the file of the Inspector of Police, Thirunavalur Police Station, Villupuram District.

5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.972 of 2020, on the file of the Inspector of Police, pending, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioners shall pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ssr

To

1. The Inspector of police, Thirunavalur Police Station, Villupuram District.

2. The Public Prosecutor, High Court, Madras.

3. The President, Tamilnadu Advocate Clerk Association, High Court, Madras.

Crl.O.P.No. 17969 of 2020 RSV(CO) KKV/22/02/2021