Ajithkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM 1.Ajithkumar 2.Suriya 3.Gowtham ... Petitioners Vs.

1.State, represented by The Inspector of Police, M-5, Ennore Police Station, Chennai - 600 057.

(Crime No.176 of 2019) 2.Vasanth ... Respondents Prayer : The Criminal Original Petition is filed under Section 482 Cr.P.C. to call for the records relating to the Crime No.176 of 2019 on the file of the respondent and to quash the same.

For Petitioners ... Mr. M. Vinoth For Respondents ... Mr. S. Santhosh, for R1 Government Advocate (Crl.Side) Mr. R. Parthiban, for R2

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.176 of 2019 pending on the file of the Ennore Police Station, Chennai for the offences under Sections 341, 294(b), 324 and 506(i) of IPC.

2.

The case is still at 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 Compromise agreement has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in-person before this Court and they were

identified by Mr.Velmurugan, Sub Inspector, M-5, Ennore Police Station as well as by the learned Counsels appearing for the parties. 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 341, 294(b), 324 and 506(i) of 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.176 of 2019 pending before the first

respondent police, even though, the offences involved are not compoundable in nature.

7.

Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.176 of 2019 on the file of the first respondent police, is quashed insofar as the petitioners alone and the terms of joint compromise agreement shall form part and parcel of this order.

28.10.2022 AT Index : Yes/No To 1.The Inspector of Police, M-5, Ennore Police Station, Chennai - 600 057.

2.The Public Prosecutor, High Court of Madras.

V.SIVAGNANAM ,J.

AT 28.10.2021