Krishnan @ Krishna v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2021
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.21399 of 2021 and Crl.M.P.Nos.11578 & 12005 of 2021 1.Krishnan @ Krishna 2.Deepak
...Petitioners
Versus
1. The State rep.by its The Inspector of Police M-4, Red Hills Police Station Thiruvallur District
2. Santhoshkumar
...Respondents
Prayer: This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the FIR in Crime No.600 of 2018 on the file of the Inspector of Police, M-4, Red Hills Police Station, Thiruvallur District, quash the same as against the petitioners are concerned.
For Petitioners :
Mr.M.Senthilkumar For Respondents :
Mr.R.Vinothraja for R1 Government Advocate(Crl.Side)
O R D E R
The Criminal Original Petition has been filed to call for the records pertaining to the FIR in Crime No.600 of 2018 on the file of the Inspector of Police, M-4, Red Hills Police Station, Thiruvallur District and quash the same as against the petitioners are concerned.
2. The case of the prosecution is that on 24.10.2018, the petitioners while consuming liquor with the de-facto complainant, a quarrel arose between them. Thereby, the petitioners attacked the de-facto complainant and he sustained injury and admitted in Stanley Hospital. Hence, the first respondent Police registered a case in Crime No.600 of 2018 for the offence under Sections 341, 294(b),324, 307 and 506 (ii) IPC.
3. The learned counsel for the petitioners submitted that the petitioners are law abiding persons and they have not committed any offence as alleged in the FIR. The FIR was lodged against the petitioners only in a fit of anger. Now, after the intervention of respectable known persons, both the parties have come to a compromise. Hence, he requested to quash the FIR in
4. The case is still at the stage of investigation. By passage of time, the parties have decided to compromise the dispute amicably among themselves.
5. Today, the 2nd respondent and petitioners appeared before this Court and submitted that they have entered into a compromise and amicably settled their issues in Crime No.600 of 2018. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.
6. 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.600 of 2018.
7. In the result, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.600 of 2018, on the file of the 1st respondent police, is quashed. Consequently, connected Miscellaneous Petitions are also closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar
dna To
1. The Inspector of Police M-4, Red Hills Police Station Thiruvallur District
2. The Public Prosecutor High Court, Madras.
+1cc to Mr.M.Madhan Kumar, Advocate, S.R.No.60127 Crl.O.P.No.21399 of 2021 and Crl.M.P.Nos.11578 & 12005 of 2021 KSM[co] NSK 13/12/2021