Muthusamy v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.20390 of 2023 Muthusamy ... Petitioner Vs.

1.State Rep. by The Inspector of Police, Ranipet Police Station, Ranipet District (Vellore District)

2. Chandirasekar

...Respondent

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 namely Inspector of Police, Ranipet Police Station, Ranipet District (Vellore District) in Crime No.107 of 2020 and Quash the Criminal Original Petition. For Petitioner : Mr.E.Kannadasan For Respondents : Mr.A. Gopinath Government Advocate for R1

O R D E R

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The Criminal Original Petition has been filed to quash the FIR in Crime No.107 of 2020, pending on the file of the 1st respondent.

2. The case is still at the stage of investigation. the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. The Joint Memo of Compromise dated 31.08.2023 has been filed before this Court which have been signed by the petitioner and the 2nd respondent and also by their respective counsel.. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.K.P.Palanivel, SSI, Ranipet Police Station, Salem District. In the joint compromise memo it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in Crime No.107 of 2020. 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 2/4

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 Suprme 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. quashes the First Information Report in Crime No.107 of 2020, on the file of the 1st respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.107 of 2020, on the file of the 1st respondent police, is quashed and the terms of joint compromise memo shall form part and parcel of this order. Petitioner shall pay a sum of Rs.1500/- (Rupees One Thousand and Five Hundred only) as costs, to the credit of the President, Salem Advocates Clerk Association, Intergrated District Court Complex, Asthampatty PO, Salem - 636 0077 (Indian Overseas Bank, District Court Branch, Salem - 7, A/c No.178001000000397, IFSC Code:IOBA0001780), 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.

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N.ANAND VENKATESH, J ssr 6.Post this case under the caption 'For Reporting Compliance' on 20.09.2023. 01.09.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr Note:Issue order copy on 05.09.2023 To 1.The Inspector of Police, Ranipet Police Station, Ranipet District (Vellore District).

2.The Public Prosecutor, High Court, Madras.

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