V.Vignesh v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.19550 of 2023 1.V.Vignesh 2.Karthik.K 3.D.Vetrivel 4.Ramachandran 5.Thanaraj

...Petitioners

vs.

1.The Inspector of Police, T8, Muthupudhupet Police Station, Thiruvallur District.

2.Neelakandan @ Ponnappan

...Respondents

PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.28 of 2023 dated 03.02.2023 on the file of the first respondent. For Petitioners : Mr.V.Jayachandran For Respondents : Mr.A.Gopinath, Government Advocate for R1

ORDER

This Criminal Original Petition has been filed to call for the records in Crime No.28 of 2023 dated 03.02.2023 on the file of the first respondent. Page No.1/4

2. The case is still at the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.The affidavits of the petitioners and 2nd respondent and the joint compromise memo have been filed before this Court, which was signed by the petitioners and second respondent and also their respective counsel. The petitioners and the second respondent were also present before this Court. In the joint compromise memo, it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.28 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 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 Page No.2/4

in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the case in Crime No. 28 of 2023 on the file of the first respondent.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.28 of 2023 on the file of the first respondent, is quashed and the terms of affidavit shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.500/- (Rupees Five Hundred only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), 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. 04.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order nsa Page No.3/4

N. ANAND VENKATESH, J.

nsa

1. The Inspector of Police, T8, Muthupudhupet Police Station, Thiruvallur District.

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

Crl.O.P No.19550 of 2023 04.09.2023 Page No.4/4