Ramu v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.17991 of 2021 1.Ramu 2.Nareshkumar 3.Prakash 4.Kumar

...Petitioners

Versus

1. The Inspector of Police, C-1, Sriperumbudur Police Station, Kancheepuram District.

(Crime No.1058 of 2021)

2. Suraj Kumar @ Suraj

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to the impugned FIR registered in Crime No.1058/2021 on the file of the Inspector of Police, C-1, Sriperumbudur Police Station, Kancheepuram District and quash the same. For Petitioners : Mr.R.Senthilkumar For Respondent : Mr.A.Damodaran for R1 Additional Public Prosecutor

O R D E R

This petition has been filed to call for the records pertaining to the impugned FIR registered in Crime No.1058/2021 on the file of the Inspector of Police, C-1, Sriperumbudur Police Station, Kancheepuram District and quash the same.

2. The case of the prosecution is that on 06.07.2021 the petitioners went to the defacto complainant's Company for getting a job order. When the defacto complainant said there there is no job, the petitioners beaten and threatened the defacto complainant. Hence, the defacto complainant made a complaint and a case came to be registered in Crime No.1058 of 2021 for the offences under Sections 448, 294(b), 323, and 506 (ii) of IPC.

3. The learned counsel for the petitioners submitted that the petitioners are law abiding persons and they have not committed any offence as alleged in the FIR. There was previous enmity between them. The FIR was lodged against the petitioners only in a fit of anger. Now, after the intervention of respectable known persons, both the parties have come to a compromise. Hence, the petitioners have filed this petition to quash the FIR in Crime No.1058 of 2021.

4. The case is still at the stage of investigation. By passage of time, the parties have decided to compromise the dispute amicably among themselves.

5. An affidavit dated 01.09.2021 has has been filed by the 2nd respondent/de-facto complainant before this Court. The 2nd respondent and petitioners present 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.1058 of 2021. 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 First Information Report pending. Even though, the offence involved is 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., inclined to quash the First Information Report in Crime No.1058 of 2021.

7. In the result, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.1058 of 2021, on the file of the 1st respondent police, is quashed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar dna

To

1. The Inspector of Police, C-1, Sriperumbudur Police Station, Kancheepuram District.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Senthilkumar, Advocate, S.R.No.56961 CRL.O.P.No.17991 of 2021 BP[co] NSK 08/12/2021