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Madras High CourtCRL OP/17077/2023allowed

Pradeep Kumar v. The State Represented By Inspector Of Police

2023-08-04Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.17077 of 2023 Mr.Pradeep Kumar, A-40 S/o.Ramasas On behalf of son/Accused Minor P.Benn Harryson, A-13 .. Petitioner vs.

1.State rep.by The Inspector of Police S-12, Chitlapakkam Police Station Chennai.

2.Mr.Wilburt Ranji S/o.Kevin Ranji .. Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash FIR No.154 of 2023, on the file of 1st respondent, S-12 Chitlapakkam Police Station. For Petitioner : Mr.S.Namasivayam For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.154 of 2023, pending on the file of the 1st respondent Police.

2. The case is still at the stage of investigation. the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The Affidavit dated 13.07.2023 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioner and the second respondent were also present in person before this Court. In the affidavit, it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.154 of 2023. 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 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 First Information Report in Crime No.154 of 2023, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.154 of 2023, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order.

04.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order KP

N. ANAND VENKATESH, J.

KP To 1.The Inspector of Police S-12, Chitlapakkam Police Station Chennai.

2.The Public Prosecutor High Court, Madras.

Crl.O.P No.17077 of 2023 04.08.2023