V.Srinivasan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.17358 of 2019 1.V.Srinivasan 2.S.Prasanth 3.M.Venkatachalapathy 4.E.Karthick @ Karthick Raju

...Petitioners

Vs.

1.State rep. By The Inspector of Police, Hudco Police Station, Krishnagiri District 2.Y.Subramani ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the FIR in Crime No.90 of 2018 dated 22.02.2018 on the file of the Inspector of Police, Hudco Police Station, Krishnagiri District.

For Petitioner : Mr.M.P.Saravanan For 1st Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.90 of 2018, pending on the file of the 1st respondent.

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. An affidavit dated 01.07.2019 has been filed by the second respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr. M.Elaymoorthy, Sub-Inspector of Police, Hudco Police Station, Krishnagiri District. In the affidavit, it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.90 of 2018. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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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.90 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.90 of 2018, is hereby 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 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.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, Hudco Police Station, Krishnagiri District

2. The Public Prosecutor High Court of Madras.

Copy to : The Section Officer, Accounts Section, High Court of Madras.

(for receiving fine amount) +1 cc to M/s.M.P.Saravanan,Advocate Sr.No. 58795 Crl.O.P No.17358 of 2019 AKM/ 28.08.19/ 2P-4C / https://hcservices.ecourts.gov.in/hcservices/