B.Soundrapandi v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2019
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.20776 of 2019 B.Soundrapandi ..Petitioner Vs.
1.State Rep.by Inspector of Police, S-12, Chitlapakkam Police Station, Chennai.
2.Dhanrajan ..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the case in Cr.No.845 of 2018, on the file of the 1st respondent police and quash the same as against the petitioner.
For Petitioner : Mr.R.Thamaraiselvan For 1st Respondent : Mr.M.Mohamed Riyaz, APP
ORDER
The Criminal Original Petition has been filed to quash the investigation in Cr.No.845 of 2018, pending on the file of the 1st respondent.
2. The case is still in 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 dated 02.08.2019, filed by the 2nd respondent/de fact complainant and the affidavit of victim/R.Muthumani before this Court. The petitioner and the second respondent were also present in person before this Court and they were identified by K.Minimol, WGR1 30907, S-12, Chitlapakkam Police Station. 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashe the First Information Report in Crime No.845 of 2018, pending on the file of the 1st respondent.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.845 of 2018, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioner shall pay a sum of Rs.2,500/- (Rupees Two thousand five hundred only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), 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 KP To 1.Inspector of Police, S-12, Chitlapakkam Police Station, Chennai.
2.The Section Officer, Accounts Section, High Court, Madras-104
3.The Public Prosecutor, High Court, Madras.
+1cc to Mr.R.Thamaraiselvan, Advocate sr.66159 Crl.O.P.No.20776 of 2019 ppa(co) nr 04/09/2019