Anand v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH

1. Anand

2. Ashik

3. Arapath

4. Faizal @ Baisal

5. Thiruppathi

6. Mohamed Fazil @ Fashil

7. Karthik @ Kathazhai

8. Abdul Latheef @ Halith .. Petitioners

Versus

1. State Rep. by The Inspector of Police, Mangalamedu Police Station, Perambalur District.

(In Crime No.56 of 2023)

2. Mydeen @ Mydeenkan .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to accept the compromise memo and quash the F.I.R in Crime No.56 of 2023 on the file of the 1st respondent Police. For Petitioners : Mr.K.Jayaraman For Respondents : Mr.A.Gopinath, Government Advocate (Crl. Side) for R1 1/5

: Mr.A.M.Nebel Shinu Joe, for R2

ORDER

The Criminal Original Petition has been filed to quash the F.I.R in Crime No.56 of 2023, pending on the file of the first 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 undertaking affidavit, dated 31.08.2023 of the second respondent / de-facto complainant and the joint compromise memo entered in between the petitioners and the second respondent / de-facto complainant have been filed before this Court. In order to identify the respective parties, they have also produced the copies of the Aadhaar Cards and the Aadhaar Cards are made part of the record. In the affidavit, it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.56 of 2023. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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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 Vs. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 of Cr.P.C., quashes the First Information Report in Crime No.56 of 2023, on the file of the first respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.56 of 2023, on the file of the first respondent Police, is quashed and the terms of affidavit of the second respondent / defacto complainant shall form part and parcel of this order. The petitioners shall pay a sum of Rs.1000/- (Rupees One thousand only) each as costs, to the credit of the Chairman, Advocate Clerks Association, Tirupattur, Vellore District (Indian Bank, Kacheri Street Branch, Tiruppattur A/c 3/5

No.485403938, IFSC Code:IDIB00T039), within a period of two weeks from today and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6. Post this case under the caption "For Reporting Compliance" on 12.10.2023.

27.09.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs Note : Issue order copy on 03.10.2023.

To

1. The Inspector of Police, Mangalamedu Police Station, Perambalur District.

2. The Public Prosecutor, High Court of Madras.

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N.ANAND VENKATESH, J.

grs 27.09.2023 5/5