Amalameri v. The State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH 1.Amalameri W/o.Alexis Samson 2.Stephen Reginold S/o.Alexis Samson 3.Reegan Ronold S/o.Alexis Samson ... Petitioners vs.

1.The State represented by its The Inspector of Police, The District Crime Branch, Kallakurichi District.

Crime No.7 of 2023 2.Saviour S/o.Alasu ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records and quash the First Information Report in Crime No.07 of 2023 pending on the file of first respondent based on compromise.

For Petitioners : Mr.Krishnasamy Chinnasamy For Respondents : Mr.A.Gopinath Government Advocate [Crl.side][R1] Ms.P.Sharmila [R2] ***** 1/5

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in Crime No.07 of 2023 pending on the file of first 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. A Joint Compromise Memo dated 11.07.2023 signed by both parties has been filed before this Court. A compromise affidavit has been filed by the second respondent/de-facto complainant before this Court. The petitioners and second respondent were also present in person before this Court and they were identified by Mr.S.Arumugam, Special Sub-Inspector of Police, Kallakurichi DCB [94981 52150]. 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.07 of 2023 pending on the file of first respondent. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. 2/5

4. Under such circumstances, no useful purpose will be served in keeping the case 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 Suprme 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 FIR in Crime No.07 of 2023 pending on the file of first respondent.

This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.07 of 2023 pending on the file of first respondent is quashed and the terms of affidavit shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.500/- (Rupees Five Hundred only) as costs, to the credit of the President, Advocates Clerk Association, Ponneri, Ponneri Taluk, Thiruvallur District, (The Kancheepuram Central Cooperative Bank Ltd., Ponneri Branch, A/c No.717907005 IFSC Code:TNSC0010200), within a period of two (2) weeks from today and file a photocopy of the receipt along with a memo reporting compliance in the 3/5

Registry.

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N. ANAND VENKATESH., J gm Post this case under the caption 'for reporting payment of cost' on 24.08.2023.

07.08.2023 Note : Issue order copy on 10.08.2023 Index : Yes/No Speaking Order/Non-Speaking Order gm To 1.The Inspector of Police, The District Crime Branch, Kallakurichi District.

Crime No.7 of 2023 2.The Public Prosecutor, High Court of Madras, Madras.

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