B.Karthik v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2019

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.19067 & 19414 of 2019 and Crl.MP No.9956 & 9958 of 2019 B.Karthik ... Petitioner in Crl OP No.19067 of 2019 A.R.Surendra Babu ... Petitioner in Crl OP No.19414 of 2019 vs.

1.The State Rep. by The Inspector of Police, Airport Police Station, Meenambakkam Police station, Chennai ... 1st respondent in both Crl OPs

2. S.Sakthi Kannan ... 2nd respondent/Defacto complainant in both Crl OPs COMMON PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and to quash the proceedings in C.C.No.327 of 2019 on the file of Hon'ble Judicial Magistrate, Alandur.

For Petitioner : Mr.K.Murugan in Crl OP No.19067/19 For Petitioner in Crl OP No.19414/19 : Mr.R.Vijaya sathya Mr.S.Mohideen

For Respondents : Mr.M.Mohammed Riyaz Additional Public Prosecutor COMMON ORDER The Criminal Original Petition has been filed to quash the proceedings in C.C.No.327 of of 2019, 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 compromised the dispute amicably among themselves.

3. A Joint compromise Memo dated 27.03.2019 entered into between the second respondent / defacto facto complainant and the petitioners and also the affidavit of the 2nd respondent / defacto complainant have been filed before this Court. The petitioners and the second respondent /defacto complainant were also present in person before this Court . In order to identity the respective parties, they have also produced the copy of the Aadhaar Card, which shall form part of the record. In the Memo, it has been stated that the petitioners and

the second respondent had entered into a compromise and amicably settled their issues in Crime No.36 of 2019. 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 C.C.No.327 of 2019 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.203 of 2019.

5. This Criminal Original Petitions stand allowed and as a sequel, the proceedings in C.C.No.327 of 2019, is hereby quashed and the terms of Joint Memo of Compromise and the affidavit shall form part and parcel of this order. The petitioners shall pay a sum of Rs.2,500/- each (Rupees two thousand five hundred 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. Consequently, the connected miscellaneous petitions are also closed. 09.08.2019 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka

1. The learned Judicial Magistrate, Alandur

2. The State Rep. by The Inspector of Police, Airport Police Station, Meenambakkam Police station, Chennai

3. The Public Prosecutor High Court of Madras.

N. ANAND VENKATESH, J.

rka Crl.O.P No.19067 & 19414 of 2019 07.08.2019