K.Srinivas Rao v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.17789 of 2023 1.K.Srinivasa Rao

2. K.Vijayalakshmi ....

Petitioners vs.

1. State Rep. by: The Assistant Commissioner of Police CCB 1, Team 27, Chennai.

2. V.Chidambaram ....

Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records on the file of the 1st respondent in FIR No.231/2022 and quash the same.

For Petitioner : Mr.P.Mallikarjun for M/s.Srimathi V.

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.231 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 11.08.2023 has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.K.Karthikeyan, Inspector of Police, Forgery Investigation Wing, Team-27, CCB, Chennai. In the affidavit it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.231 of 2022. 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 Gujarat), 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.231 of 2022, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.231 of 2022, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. 11.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order KST To To 1.The Assistant Commissioner of Police CCB 1, Team 27, Chennai.

2.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH, J.

KST Crl.O.P No.17789 of 2023 11.08.2023