Rani 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.18342 of 2019 1.Rani 2.Vimala 3.Senthilkumar 4.Selva .. Petitioners vs.

1.State rep.by The Inspector of Police, Central Crime Branch,Teacm-I, Vepery, Chennai.

Crl.No.259 of 2017 dt.07.08.2017 2.Saraswathi .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash the FIR registered in Crime No.259 of 2017 by the 1st respondent and quash the same. For Petitioner : Mr.T.C.Sibin For R 1 : Mr.M.Mohamed Riyaz, APP For R 2 : Mr.R.C.Paul Kanagaraj

ORDER

This Criminal Original Petition has been filed seeking to quash the FIR in Cr.No.259 of 2017, 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. Based on the Joint Affidavit of Compromise dated 08.07.2019, has been filed before this Court which have been signed by the petitioners and the 2nd respondent and also by their respective counsel. In order to identify the respective parties they have also produced the copies of the Aadhaar Card

are made part of the record. The petitioners and the 2nd respondent were also present in person before this Court and they were identified by Ms.K.Sujatha, SI of Police, CCB,EDF1,Team-1. 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 Cr.P.C. quashes the First Information report in Cr.No.259 of 2017, pending on the file of the 1st respondent.

5. This Criminal Original Petition stands allowed and as a sequel, investigation in Crime No.259 of 2017 pending on the file of the first respondent Police, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order.

Each of the petitioners shall pay a sum of Rs.1000/- (Rupees one thousand 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 a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

This Criminal Original Petition is allowed accordingly. *Enclosed Xerox Copy of the Memo of Compromise. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar KP To 1.The Inspector of Police, Central Crime Branch,Teacm-I, Vepery, Chennai.

2. The Public Prosecutor, High Court of Madras.

Madras.

+3cc to Mr.T.C.Sibin, Advocate sr.58398 Crl.OP No.18342 of 2019 nr 04/09/2019