Suresh Kumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Suresh Kumar ... Petitioner Vs.

1.State Rep. By:- The Inspector of Police F4 - Thousand Lights Police Station, Chennai.

(Cr.No.100/2023) 2.Duraimurugan ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records the final report C.C.No.5580 of 2023 on the file of XIV Metropolitan Magistrate at Egmore, Chennai and quash the same. For Petitioners : M/s.P.Bakiyaraj For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side)

O R D E R

The criminal original petition has been filed seeking to call for the records pertaining to the proceedings in C.C.No.5580 of 2023, pending on the file of the XIV Metropolitan Magistrate at Egmore, Chennai and 1/4

quash the same.

2.The case is still at the stage of trial. By passage of time, 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 second respondent. The petitioner and the second respondent were also present in person before this Court and they were identified by Mr.Sureshvarma, Sub Inspector of Police, F-4, Thousand Light Police Station (L&O), Chennai - 600 006. In the Joint Memo of Compromise it has been stated that the petitioner and the second respondent had entered into a compromise and amicably settled their issues in C.C.No.5580 of 2023. 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 case pending, even though, the offences involved are not compoundable in nature. In the light of the guidelines given by the 2/4

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 Cr.P.C. quashes the case in C.C.No.5580 of 2023 pending on the file of the XIV Metropolitan Magistrate at Egmore, Chennai. 5.This criminal original petition stands allowed and as a sequel, the proceedings in C.C.No.5580 of 2023 on the file of the XIV Metropolitan Magistrate at Egmore, Chennai, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.

1,500/- (Rupees One Thousand and Five Hundred Only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), 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. 24.01.

Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No N.ANAND VENKATESH,J.

pri To 1.The XIV Metropolitan Magistrate at Egmore, Chennai.

2.The Inspector of Police F4 - Thousand Lights Police Station, Chennai.

(Cr.No.100/2023) 3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

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