A.Gopal @ Gopalakrishnan, v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:31.01.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.20240 of 2017 and Crl.M.P.No.12159 of 2017 1.A.Gopal @ Gopalakrishnan 2.K.Attiappan 3.K.Natarajan 4.A.Tamilmani 5.Kanagambal ... Petitioners Vs.

1.State Rep. by The Sub-Inspector of Police, Vennanthur Police Station, Namakkal District.

2.P.Velu ... Respondents Prayer: Criminal Original petition filed under Section 482 of the Criminal Procedure Code, to call for the records relating to the PRC No.03 of 2014 in Crime No.48 of 2011 dated 24.01.2011 on the file of the Sub-Inspector of Police, Vennanthur Police Station, Namakkal District, and quash the same. For Petitioners : Mr.N.Vijaya Basker for M/s.Law Vision For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.S.Sithirai Anandam

O R D E R

The Criminal Original Petition has been filed to quash the proceedings in in Crime No.48 of 2011 on the file of the Sub-Inspector of Police, Vennanthur Police Station, Namakkal.

2. The case is still in 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 second respondent has been filed before this Court on 31.01.2019 which have been signed by the second respondent and also by his respective counsel. The parties were also present before the Court and they were identified and they have also produced the copies of the Aadhaar

Card which are 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 Crime No.48 of 2011 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 investigation in Crime No.48 of 2011, on the file of the first respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.48 of 2011 on the file of the Sub-Inspector of Police, Vennanthur Police Station, Namakkal, is quashed and the terms of affidavit of the second respondent shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.1000/- as cost, to the credit of the Chief Justice Relief Fund, High Court, Madras, 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. Connected Mis Petition in closed.

*The Xerox copy of the Affidavit Enclosed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar dss To 1.The The Sub-Inspector of Police, Vennanthur Police Station, Namakkal District.

2.The Public Prosecutor, Madras High Court.

Copy to 1.The Section Officer, Accounts Section, High Court, Madras.

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

(For Watching report of Compliance) +1cc to Mr.S.Sithirai Anandam, Advocate, S.R.No.8556 Crl.O.P.No.20240 of 2017 VSNII(CO) GSP(28/02/2019)