K.Sivaram Selvakumar, v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.09.2020
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7406 of 2017 and Crl.M.P.No.5330 of 2017 Sivaram Selvakumar (M/57) S/o. Late Kaliappan, Plot No.875, J-24, New J-1, 17th Main Road, Anna Nagar, Chennai.
..Petitioner/Accused No.2 Vs.
1. The State represented by, The Inspector of Police, City Crime Branch (CCB), Commissioner Office, E.D.F., CCB, 132, EVK Sampath Road, Vepery, Chennai-600 007.
(Crime No.342/2016) ..1st Respondent/Complainant
2. Namitha Bhuvaneswari, Plot No.470, HIG 2nd Main Road, Eri Scheme, Mogappair, Chennai.
..2ndRespondent/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records of FIR in Crime No.342 of 2016, pending investigation on the file of the first respondent police and to quash the same against the petitioner herein.
For Petitioner : Mr.A.Edwinprabakar For R1 : Mr.S.Karthikeyan Additional Public Prosecutor For R2 : M/s. P.Dharini
ORDER
This petition has been filed for seeking to quash the proceedings in Crime No.342 of 2016, pending investigation on the file of the first respondent police
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.
The affidavit has been filed before this Court on 14.09.2020 which have been signed by the second respondent. All the parties are present and identified by their respective counsel.
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.342 of 2016.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.342 of 2016, on the file of the The Inspector of Police, City Crime Branch (CCB), Commissioner Office, E.D.F., CCB, 132, EVK Sampath Road, Vepery, Chennai-600 007. is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this Order. The petitioner shall jointly pay a sum of Rs.10,000/-, as costs, to the Chief Justice Relief Fund, High Court of 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. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. The Inspector of Police, City Crime Branch (CCB), Commissioner Office, E.D.F., CCB, 132, EVK Sampath Road, Vepery, Chennai-600 007.
2. The Public Prosecutor, High Court, Madras.
3. The Sub Assistant Reginstrar, Accounts Section, High Court, Madras-104.
Crl.O.P.No.7406 of 2017 and Crl.M.P.No.5330 of 2017 VG-I(CO) RV(22/10/2020)