M.Karthik v. Inspector Of Police

In the High Court of Judicature at Madras Dated : 21.9.2023 Coram :

The Honourable Mr.Justice N.ANAND VENKATESH Criminal Original Petition No.21684 of 2023 M.Karthik

...Petitioner

Vs 1.The State rep.by The Inspector of Police, Maduranthakam Police Station, Chengalpattu District.

2.Karthikeyan

...Respondents

PETITION under Section 482 of the Criminal Procedure Code praying to call for the records relating to first information report in Crime No.302 of 2019 on the file of the first respondent and quash the same in so far as it relates to this petitioner/accused No.1. For Petitioner :

Mr.G.Mageshkumar For Respondent-1 :

Mr.A.Gopinath, GA (Crl.Side) 1/5

ORDER

The Criminal Original Petition has been filed to quash the investigation in Crime No.302 of 2019, 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 Memo of compromise has been filed by petitioner and the 2nd respondent before this Court. In the Memo, it has been stated that the petitioner and the defacto complainant had arrived at a compromise and amicably settled their issues in Crime No.302 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 investigation pending, even though, the offences involved are 2/5

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 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 investigation in Crime No.302 of 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.302 of 2019 pending on the file of the 1st respondent is quashed insofar the petitioner is concerned and the terms of memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.750/- (Rupees Seven hundred and fifty only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Cuddalore (Indian Overseas Bank, Pudupalayam, Cuddalore 1 A/c No.177801000003906 , IFSC Code:IOBA0001778), within a period of one week from the date of receipt of a copy of this order and file a 3/5

photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, the connected miscellaneous petition is closed. 6.

Post this case under the caption for reporting compliance on 12.10.2023.

21.9.2023 Index : Yes (or) No To 1.The Inspector of Police, Maduranthakam Police Station, Chengalpattu District.

2.The Public Prosecutor, High Court, Madras.

rka 4/5

N.ANAND VENKATESH,J rka 21.9.2023 5/5