Arvind Kumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2019

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.OP NO.23220 OF 2019 Arvind Kumar

...Petitioner

.Vs.

1. State Rep.by The Inspector of Police, Vaniyambaodi Taluk Police Station, Vellore District.

2. Kalavathy ..Respondents PRAYER:

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pending on the file of the 1st respondent police namely the Inspector of Police, Vaniyambodi Taluk Police Station, Vellore District in Crime No.380/2019 and quash the criminal proceedings. For Petitioner : Mr.E.Kannadasan For 1st Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor For 2nd Respondent : Mr.D.Dayalan

ORDER

This Criminal Original Petition has been filed seeking to quash the investigation in Crime No.380 of 2019, pending on the file of the 1st respondent.

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 dated 26.08.2019, has been filed by the 2nd respondent/de-facto complainant before this Court. The petitioner and the 2nd respondent were also present in person https://hcservices.ecourts.gov.in/hcservices/

before this Court. 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., quash the First Information Report in Crime No.380/2019, pending on the file of the 1st respondent.

5. This Criminal Original Petition stands allowed and as a sequel, the investigation in Crime No.380/2019, on the file of the 1st respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. * Xerox copy of Joint Memo of Compromiese enclosed Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar KP To

1. The Inspector of Police, Vaniyambaodi Taluk Police Station, Vellore District.

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

+1cc to Mr.E.Kannadasan, Advocate, S.R.No.7482 Crl.OP No.23220 of 2019 SPD(CO) CS/22/10/2019 https://hcservices.ecourts.gov.in/hcservices/