R.Manikandan v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.20486 of 2020 and Crl.M.P.No.8612 of 2020 R.Manikandan Petitioner vs.

1. The State Represented by Inspector of Police, Jolarpet Police Station, Tirupattur.

2. Mrs.Kanimozhi Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the First Information Report pending on the file of the 1st respondent police in Crime No.404 of 2019 dated 17.12.2019.

For Petitioner : Mr.Udhaya Kumar for M/s.Karan and Uday For Respondents : Mr.C.Raghavan Government Advocate for R1 Mr.B.Sivasubramanian for R2

ORDER

The Criminal Original Petition has been filed to call for the records in Crime No.404 of 2019 pending investigation on the file of 1st respondent and to quash the same.

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 Memo of Compromise dated 19.02.2021 has been filed before this Court which have been signed by the petitioner and the respondent and also by their respective counsel. The petitioner and the second respondent were also present and they were identified by Mr.Karunakaran, Sub Inspector of Police, Jolarpet Police Station. In the affidavit it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.404 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 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 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.404 of 2019 pending on the file of the Inspector of Police, Jolarpet Police Station, Tirupattur.

5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.404 of 2019, on the file of the Inspector of Police, pending, is quashed and the terms of compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1000/- (Rupees One Thousand 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. Consequently, connected miscellaneous petition is closed.

22.02.2021 (2/2) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr Note: Issue Order Copy on 23.02.2021 To

1. The Inspector of Police, Jolarpet Police Station, Tirupattur.

N. ANAND VENKATESH, J.

ssr

2. The Public Prosecutor, High Court, Madras.

Crl.O.P No.20486 of 2020 and Crl.M.P.No.8612 of 2020 22.02.2021 (2/2)