Hariharasudhan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM 1.Hariharasudhan 2.Shrige @ ShrigeJanaki 3.Manoj Kumar 4.Santhosh @ Santhosh Kumar ...

Petitioners versus 1.The State represented by The Inspector of Police, Erode Taluk Police Station, Erode District.

(Crime No.777 of 2019) 2.Maniraj ...

Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pertaining FIR in Crime No.777 of 2019 pending on the file of the Erode Taluk Police Station, Erode and quash the same by allowing this petition. For Petitioners : Mr.M.Guruprasad For Respondent No.1 : Mr.E.Raj Thilak Additional Public Prosecutor 1/6

O R D E R

This Criminal Original Petition has been filed to quash the First Information Report in Crime No.777 of 2019 pending on the file of the first respondent police, for the offences under Sections 294[b], 323, 324, 379 and 506(2) of IPC.

2.

As the parties have decided to compromise the dispute amicably among themselves, they have filed the present petition to quash the First Information Report in view of the compromise entered between the parties.

3.

A Joint Memo of Compromise has been filed before this Court, which has been signed by the petitioner and the second respondent / de facto complainant. The petitioners and the second respondent are present before this Court and they are identified by Mr.P.Palanivel, Special Sub Inspector of Police, Erode Taluk Police Station, Erode District, who is also present at the time of hearing. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and it is made part of the 2/6

record. In the petition it has been stated that the petitioners and the second respondent have entered into a joint compromise and amicably settled their issues in Crime No.777 of 2019. 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 in Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath reported in (2017) 9 SCC 641 and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. is inclined to quash the First Information Report in Crime No.777 of 2019 on the file of the first respondent police. 3/6

5.

Accordingly, this Criminal Original Petition stands allowed and the First Information Report in Crime No.777 of 2019 on the file of the first respondent police, is quashed. The terms of Joint Compromise Memo shall form part and parcel of this order. 27.10.2022 Speaking order / Non-speaking order Index : Yes / No Internet : Yes sri 4/6

To 1.The State represented by The Inspector of Police, Erode Taluk Police Station, Erode District.

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

5/6

V.SIVAGNANAM , J.

sri 27.10.2022 6/6