Jameel@Jameel Basha v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.16841 of 2023 Mr.Jameel @ Jameel Basha Petitioner vs.

1. State Rep. by: The Inspector of Police, North Beach Police Station, Chennai.

(Crime No.87 of 2022)

2. Mr.M.E.Meeran Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to record this compromise affidavit and call for the records in Crime No.87 of 2022 pending on the file of the 1st respondent and quash the same, For Petitioner : Mr.M.Mohamed Saifulla 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.87 of 2022, pending on the file of the 1st respondent.

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 14.07.2023 has been filed by the 2nd respondent/defacto complainant before this Court. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.V.Chandrasekar, Sub Inspector of Police, North Beach Police Station, Chennai. 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.87 of 2022. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. 4.The learned Additional Public Prosecutor submitted that there is a case and counter and based on the complaint given by the petitioner, an FIR has been registered in Crime No.86 of 2022. It was similarly based on the complaint given by the 2nd respondent, FIR was registered in Crime No.87 of 2022.

5. 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.86 of 2022 and Crime No.87 of 2022, on the file of the respondent Police.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.86 of 2022 and Crime No.87 of 2022, on the file of the respondent police, are quashed and the terms of affidavit shall form part and parcel of this order.

27.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr To 1.The Inspector of Police, North Beach Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH, J.

ssr Crl.O.P No.16841 of 2023 27.07.2023