Madras High CourtCRL OP/26263/2022allowed

D.Narasimman v. State Rep By

2022-11-01Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2022

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA D.Narasimman ...

Petitioner/Accused /vs/ 1.State rep by The Inspector of Police, TIW Thirumangalam (West), Chennai.

(Crime No.209/2022) ...1st Respondent / Complainant 2.Loganathan ... 2nd Respondent/defacto complainant Prayer : Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure to call for entire records in Crime No.209 of 2022 on the file of the 1st respondent police and quash the FIR against the petitioner.

For Petitioner ... Mr.L.Infant Dinesh For Respondents ... Mr.E.Rajthilak, Additional Public Prosecutor ... Mr. Loganathan Party in Person for R2

ORDER

The Writ Petition has been filed to direct the respondent to call for entire records in Crime No.209 of 2022 on the file of the 1st respondent police and quash the FIR against the petitioner.

2. The petitioner/accused has been charged for the offence under Sec.279, 337, 308 of Indian Penal Code,1860 and 185 Motor Vehicles Act, 1988. The occurrence was said to have caused due to drunken driving done by the petitioner.

3. The learned counsel appearing for the petitioner submitted that the parties have entered into a compromise. The defacto complainant and the injured had filed their respective consent affidavit for not pursuing the matter further. The petitioner who had appeared before this Court seems to have realised his mistake and assured that he would not drink and take the vehicle.

4.The defacto complainant and his wife/ injured Mrs.Sophia and the

petitioner are present and they are identified by Mr.S.Ramesh, Sub Inspector of Police, V5-Traffic Investigation Police Station.

5. Since the offences are personal in nature and the parties also intend to settle the matter between themselves and have filed consent affidavit to that effect, I feel it is appropriate to allow them to live in peace by quashing the FIR filed against the petitioner.

In view of the above cited reasons, this Criminal Original Petition is allowed and the FIR in Crime No.209 of 2022 pending on the file of the 1st respondent police against the petitioner is quashed on compromise. 01.11.2022 jrs Internet: Yes/No Index: Yes /No Speaking /Non Speaking

R.N.MANJULA, J.

jrs To 1.The Inspector of Police, TIW Thirumangalam (West), Chennai.

2.The Public Prosecutor, High Court, Madras.

01.11.2022