P.Magesh Kumar v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.21096 of 2020

1. P.Magesh Kumar Petitioner/Accused vs.

1. The State Rep. by The Inspector of Police, N1, Royapuram Police Station, Chennai.

(Crime No.3412 of 2020)

2. R.Mahalakshmi Respondents/Complainant/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and to quash the First Information Report in Crime No.3412 of 2020 on the file of the Inspector of Police, N1, Royapuram Police Station, Chennai as against the petitioners.

For Petitioner : Mr.K.C.S.K.Balaji For Respondents: Mr.C.Raghavan Government Advocate for R1

ORDER

The Criminal Original Petition has been filed to call for the records relating to the Crime No.3412 of 2020 on the file of the 1st respondent and quash the same by allowing this Criminal Original Petition.

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 and affidavit dated 21.12.2020 has been filed before this Court which have been signed by the petitioners and the respondent and also by their respective counsel. The petitioners and the second respondent were also present through Video conferencing and they were identified by Mr.M.Kasiappan, Inspector of Police, N1, Royapuram Police Station, Chennai, who was also present at the time of hearing through Video conferencing. In the affidavit it has been stated that the petitioners and the second respondent have

entered into a compromise and amicably settled their issues in Crime No.3412 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 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.3412 of 2020 pending on the file of the Inspector of Police, N1, Royapuram Police Station, Chennai.

5. This Criminal Original Petition stands allowed and as a sequel, the FIR in Crime No.3412 of 2020, pending on the file of the Inspector of Police, N1, Royapuram Police Station, Chennai, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioners shall pay a sum of Rs.1500/- (Rupees One Thousand Five Hundred 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 ssr To

1. The Inspector of Police, N1, Royapuram Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

3. The Section Officer, Criminal Section, High Court, Madras(for reporting compliance)

Copy to The President, Tamil Nadu Advocate Clerk Association, High Court, Madras +1cc to M/s.K.C.S.K.Balaji, Advocate, S.R.No.2524 Crl.O.P No.21096 of 2020 nmp(CO) rv(05/02/2021)