P.Venkatesh v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH 1.P.Venkatesh S/o.Ponraj 2.V.Kavitha W/o.P.Venkatesh 3.R.Ramesh S/o.Ramachandran ... Petitioners vs.

1.The State Rep by Inspector of Police, K-10, Koyambedu Police Station, Chennai.

2.Sathish Kumar, S/o.Sundaresan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of the 1st respondent in Crime No.727 of 2019 and quash the same.

For Petitioners : Mr.M.Soundar Vijay Arul Ram For Respondent-1 : Mr.A.Damodaran Additional Public Prosecutor 1/4

ORDER

The Criminal Original Petition has been filed to quash the F.I.R. in Crime No.727 of 2019, pending on the file of the 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 Joint Memo of Compromise dated 27.07.2023 signed by both petitioners and second respondent/de facto complainant and their respective counsel has been filed before this Court. A compromise affidavit has also been filed by the second respondent/de-facto complainant before this Court. The petitioners and second respondent were also present in person before this Court and they were identified by Mr.P.Gopi, SSI, K-10, Koyambedu Police Station. 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.727 of 2019 pending on the file of first respondent.

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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.727 of 2019, pending on the file of first respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.727 of 2019, pending on the file of first respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioners shall pay a sum of Rs.1,000/- (Rupees One thousand 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 3/4

N. ANAND VENKATESH, J.

rsi No.717907005 IFSC Code:TNSC0010200), within a period of two weeks from today and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

Post this case under the caption 'for reporting payment of cost' on 28.08.2023.

11.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rsi To 1.The Inspector of Police, K-10, Koyambedu Police Station, Chennai.

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

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