B.Nageshwar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.19917 of 2023 1.B.Nageshwar 2.V.Adhitya Petitioners vs.

1. The State Rep. by The Inspector of Police, Traffic Investigation Wing, J-2, Adyar Police Station, Chennai.

(Crime No.165 of 2023)

2. N.Aadil @ Inayathullah Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.165 of 2023 pending on the file of the Inspector of Police, Traffic Investigation Wing, J-2, Adyar Police Station, Chennai and quash the same.

For Petitioner : Mr.S.Ashok Kumar For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1

ORDER

The Criminal Original Petition has been filed to quash the FIR in Crime No.165 of 2023, pending on the file of the 1st respondent.

2. The case is still at the stage of investigation. the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the 2nd respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.R.Prabakaran, Special Sub Inspector of Police, J-2, Adyar Police Station, Chennai. In the joint compromise memo it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.165 of 2023. 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.165 of 2023, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.165 of 2023, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. 31.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr

N. ANAND VENKATESH, J.

ssr

1. The Inspector of Police, Traffic Investigation Wing, J-2, Adyar Police Station, Chennai.

2. The Public Prosecutor, Puducherry.

Crl.O.P No.19917 of 2023 31.08.2023