S.Sathishkumar v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

1. S.Satish kumar

2. Nagammal ... Petitioners Vs

1. State rep.by The Deputy Superintendent of Police, Gobichettipalayam, Erode District.

2. The Inspector of Police, Gobichettipalayam Police Station, Erode District.

3. M.Selvam ... Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in FIR No.441 of 2022 on the file of the 2nd respondent and quash the same.

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For Petitioners : Mr.W.Camyles Gandhi for M/s.P.Saravana Sowmiyan For Respondents : Mr.S.Santhosh Govt.Advocate (Crl.side) for R1 & R2

ORDER

This criminal original petition has been filed to call for the records in FIR No.441 of 2022 on the file of the 2nd respondent and quash the same.

2. As the parties have decided to compromise the dispute amicably among themselves, they have filed the present petition to quash the proceedings in view of the compromise entered into between the parties.

3. The petitioners and the third respondent are present before this Court and they were identified by the Inspector of Police, Gobichettipalayam 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 record. In the petition it has been stated that the petitioners and the third respondent have entered into a 2/5

compromise and amicably settled their issues in Crime No.441 of 2022. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. The learned counsel for the third respondent submitted that the victim has not received any compensation.

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), 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 case in Crime No.441 of 2022 on the file of the Inspector of Police, Gobichettipalayam Police Station, Erode district. 3/5

5. In the result, the proceedings in Crime No.441 of 2022 on the file of the Inspector of Police, Gobichettipalayam Police Station, Erode district, is hereby quashed and the Criminal Original Petition is allowed on the basis of the compromise arrived at between the parties. 13.10.2022 Internet:Yes Speaking/Non speaking order dpq To

1. The Deputy Superintendent of Police, Gobichettipalayam, Erode District.

2. The Inspector of Police, Gobichettipalayam Police Station, Erode District.

3. The Public Prosecutor, High Court of Madras.

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V. SIVAGNANAM, J.

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