V.Janarthanan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM and Crl.M.P.No.15639 of 2022 V. Janarthanan ... Petitioner Vs.

1.The State Rep. by its The Inspector of Police, Palavanthangal Police Station, Chennai District.

2.T.Mamundi ... Respondents Prayer : The Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records pertaining to the FIR in Crime No.209 of 2021 pending on the file of Inspector of Police, Palavanthangal Police Station, Chennai District and quash the same.

For Petitioner ... Ms. A. Yamuna For Respondents ... Mr. E. Raj Thilak, for R1 Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to call for the records in Crime No.209 of 2021 pending on the file of first respondent police and quash the same.

2.

The case is under 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 has been filed before this Court which have been signed by the petitioner and the second respondent and also by their respective counsel. The petitioner and the second respondent are also present in-person before this Court and they are identified by Mr.Ranganathan, Sub Inspector of Police, S9, Palavanthangal Police Station. In order to identify themselves, they have also produced the copies of the Aadhaar Card and it is 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.

In the instant case, the dispute is of personal in nature and the parties had compromised. Where the parties have compromised the matter, the High Court has power to quash the complaint for the offences under Sections 448, 294(b), 323, 324, 427 and 506(i) IPC. 5.

The legal position expressed by the Hon'ble Apex Court in the case of Gian Singh vs. State of Panjab and another reported in (2012)10 SCC 303 and Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) reported in (2017)9 SCC 641 were taken into consideration. 6.

In the light of the guidelines issued in the above said Judgments of the Hon'ble Apex Court, no useful purpose will be served in keeping the proceedings in Crime No.209 of 2021 pending on the file of first respondent police, even though, some of the offences involved are non compoundable in nature.

V.SIVAGNANAM ,J.

7.

Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.209 of 2021, on the file of the first respondent police is quashed and the terms of joint compromise memo shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed.

31.10.2022 AT Index : Yes/No To 1.The Inspector of Police, Palavanthangal Police Station, Chennai District.

2.The Public Prosecutor, High Court of Madras.