Ananthan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.20402 of 2020 Ananthan Petitioner vs.

1. The State Rep. by The Inspector of Police, S-10, Pallikaranai Police Station, Chennai-601 302. Crime No.175 of 2020 2.V.Kavitha Respondents/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.175 of 2020 dated 20.03.2020, on the file of the 1st respondent and quash the same.

For Petitioners : Mr.K.Kannan For Respondents : Mr.M.Mohammed Riyaz Government Advocate for R1

ORDER

The Criminal Original Petition has been filed seeking to quash the FIR in Crime No.175 of 2020, pending on the file of the 1st respondent Police.

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 Compromise letter dated 21.03.2020, has been filed before this Court. The petitioner and the second respondent were also present through Video conferencing and they were identified by Ms.Jayalakshmi, Pallikaranai Police, Station, Chennai, who was also present at the time of hearing through Video conferencing. In the Memo, it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.175 of 2020.

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 https://hcservices.ecourts.gov.in/hcservices/

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 First Information Report in Crime No.175 of 2020, pending on the file of the Inspector of Police, S-10, Pallikaranai Police Station, Chennai.

5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.175 of 2020, pending on the file of the the Inspector of Police, S-10, Pallikaranai Police Station, Chennai. The petitioner shall pay a sum of Rs.750/- (Rupees Seven hundred and fifty only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), 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.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Inspector of Police, S-10, Pallikaranai Police Station, Chennai-601 302.

2. The Public Prosecutor, High Court, Madras. Copy to : 1.The President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai 2.The Section Officer, Criminal Section, High Court of Madras, Chennai -104.

+1 cc to M/s.K.Kannan,Advocate Sr.No. 4629 AKM/11.02.2021/2P-6C / Crl.O.P No. 20402 of 2020 25.01.2021 https://hcservices.ecourts.gov.in/hcservices/