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Madras High CourtCRL OP/17291/2023allowed

Ricky Richard Samuel @ Venkatesan v. State Rep By Inspector Of Police

2023-08-07Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH 1.Ricky Richard Samuel @ Venkatesan S/o.Balakrishnan 2.Regina @ Rajeshwari W/o.Ricky Richard Samuel ... Petitioners vs.

1.The State represented by Inspector of Police, Cyber Crime, CCD-1, Chennai City Police, Chennai.

2.K.Selvaganapathy S/o.R.Kumar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to quash the FIR in CCB Crime No.12 of 2023, dated 06.02.2023 on the file of Cyber Crime, Chennai, as compromised. For Petitioners : Mr.G.K.Thamizharasan For Respondents : Mr.A.Gopinath Government Advocate [Crl.side][R1] ***** 1/5

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in CCB Crime No.12 of 2023, pending on the file of first respondent.

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 compromise affidavit has been filed by the second respondent/defacto complainant before this Court. The petitioners and second respondent were also present in person before this Court and they were identified by Mr.M.Selvaraj, Special Sub-Inspector of Police, CCB Cyber [90803 69575]. 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.12 of 2023 pending on the file of first respondent. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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4. Under such circumstances, no useful purpose will be served in keeping the case 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 FIR in Crime No.12 of 2023 pending on the file of first respondent.

This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.12 of 2023 pending on the file of first respondent is quashed and the terms of affidavit shall form part and parcel of this order. The petitioners shall pay a sum of Rs.1,500/- (Rupees One Thousand and Five Hundred only) as costs, to the credit of the President, Advocates Clerk Association, Ponneri, Ponneri Taluk, Thiruvallur District, (The Kancheepuram Central Co-operative Bank Ltd., Ponneri Branch, A/c No.717907005 IFSC Code:TNSC0010200), within a period of two (2) weeks from today and file a photocopy of the receipt along with a memo reporting 3/5

compliance in the Registry.

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N. ANAND VENKATESH., J gm Post this case under the caption 'for reporting payment of cost' on 24.08.2023.

07.08.2023 Note : Issue order copy on 10.08.2023 Index : Yes/No Speaking Order/Non-Speaking Order gm To 1.The Inspector of Police, Cyber Crime, CCD-1, Chennai City Police, Chennai.

2.The Public Prosecutor, High Court of Madras, Madras.

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