Kishore v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.20102 OF 2021 Kishore S/o Murugan ... Petitioner/ Accused

Versus

1. The Inspector of Police H-8, Thiruvottiyur Police Station, Thiruvottiyur, Chennai - 600 019.

2. Ravindran, S/o, Masilamani ... Respondents/ Complainant/Defacto Complainant PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in F.I.R.No.2115 of 2021 on the file of the H-8, Thiruvottiyur Police Station, Chennai - 600 019 and quash the same. For Petitioner : Mr.K.Subburaj for M/s.Elakkiya For R1 : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed by the petitioner to call for the records in F.I.R.No.2115 of 2021 on the file of the H-8, Thiruvottiyur Police Station, Chennai - 600 019 and quash the same.

2. The case is still at the stage of investigation. By passage of time, the parties have decided to compromise the https://hcservices.ecourts.gov.in/hcservices/

dispute amicably among themselves.

3. The Affidavits dated 21.10.2021 have been filed by the petitioner and 2nd respondent/de-facto complainant before this Court. The 2nd respondent and petitioner present through Video conferencing. 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.2115 of 2021. 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 offence involved is 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., inclined to quash the First Information Report in Crime No.2115 of 2021.

5. In the result, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.2115 of 2021, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. *Xerox copy of Affidavit is enclosed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mfa To

1. The Inspector of Police H-8, Thiruvottiyur Police Station, Thiruvottiyur, Chennai - 600 019.

2. The Public Prosecutor, High Court,Madras.

CRL.O.P.No.20102 of 2021 RSV(CO) PM/16/12/2021 https://hcservices.ecourts.gov.in/hcservices/