V.Srinivasan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.23308 of 2019 1.V.Srinivasan 2.T.Mani 3.K.Jayapal .. Petitioners Vs.

1. State rep. by Inspector of Police, Flower Bazaar Police Station, Chennai.

(Crime No.221/2019)

2. Narasiman .. Respondents PRAYER :

Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records in Crime No.221 of 2019 on the file of the 1st respondent and quash the F.I.R. in Crime No.221 of 2019 on the file of the 1st Respondent.

For Petitioners : Mr.J.Franklin For Respondents : Mr.M.Mohamed Riyaz (for R1) Additional Public Prosecutor Mr.R.Thangamani (for R2)

ORDER

These Criminal Original Petition has been filed to call for the records in Crime No.221 of 2019 on the file of the 1st respondent ans quash the F.I.R. in Crime No.221 of 2019 on the file of the 1st Respondent.

2.This 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.An affidavit of the 2nd respondent/defacto complainant dated Nil.08.2019 has been filed before this Court which has

been signed by the 2nd respondent/defacto complainant and also by his counsel. In order to identify the respective parties they have also produce the copy of the Aadhaar Card is made part of the record. 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. quashes the First Information Report in Crime No.221 of 2019 on the file of the 1st respondent police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.221 of 2019 on the file of the 1st respondent police, is quashed and the affidavit of the 2nd respondent/defacto complainant shall form part and parcel of this order. The petitioners shall pay a sum of Rs.500/- (Rupees Five Hundred only) each as costs, to the credit of the Clerk Association, Madras High Court, Chennai, 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(CS III) //True Copy// Sub Assistant Registrar vs To

1. The Inspector of Police, Flower Bazaar Police Station, Chennai.

2. The Public Prosecutor, Madras High Court.

Copy To

1. The Secretary, Clerk Association, Madras High Court, Chennai.

2. The Section Officer, Criminal Section, High Court, Madras-104.

+1cc to Mr.R.Thangamani, Advocate, S.R.No.73879 Crl.O.P.No.23308 of 2019 AD(CO) CS/03/10/2019