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Madras High CourtCRL OP/26035/2021allowed

P.Dinesh Kumar v. The State Rep By

2023-11-24Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.14418 of 2021

1. P.Dinesh Kumar

2. C.Kanaga

3. C.Vijayarangan ... Petitioners Vs.

1.State represented by The Inspector of Police, Chengalpattu Town Police Station, 2.Ram Jeevan ... Respondents PRAYER:- Criminal Original Petition filed under Section 482 of Cr.P.C. Praying, to call for the records in Crime No.65 of 2021 on the file of the Chengalpattu Town Police Station, Chengalpattu District and quash the same as against the petitioners and grant such other equitable relief deemed fit and proper in the interest of justice and equity. For Petitioners : Mr.Ali Hassan Khan For R1 : Mr.A.Gopinath Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No.65 of 2021 on the file of the Chengalpattu Town Police Station, 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.

A Joint Memo of Compromise dated 07.10.2021 has been filed before this Court which have been signed by the petitioners and the second respondent. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are made part of the record. 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 proceeding 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 FIR in Crime No.65 of 2021 on the file of the Chengalpattu Town Police Station, Chengalpattu District.

5. This Criminal Original Petition stands allowed, by quashing the FIR in Crime No.65 of 2021 on the file of the Chengalpattu Town Police Station, Chengalpattu District and the Joint Memo of Compromise dated 07.10.2021 shall form part and parcel of this Order. Consequently, connected Miscellaneous petition is closed.

24.11.2023 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order mn

G.K.ILANTHIRAIYAN, J.

mn To 1.The Inspector of Police, Chengalpattu Town Police Station, 2.The Public Prosecutor, High Court, Madras.

24.11.2023