Prabhu Kumar v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.9.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH 1.Prabhu Kumar 2.Laavanya P.Bobby

...Petitioners

Vs.

1.The State rep.by The Inspector of Police, Central Crime Branch, Forgery Wing, Team V, Chennai.

2.T.Kumar

...Respondents

Criminal Original Petition under Section 482 of the Code of Criminal Procedure praying to call for the records and quash FIR No. 141 of 2019 dated 15.4.2019 on the file of the first respondent so far as the petitioners are concerned.

For Petitioners : Mr.R.Nithyanandan For Respondent-1 : Mr.A.Gopinath, GA (Crl.Side) For Respondent-2 : Mr.C.Iyyapparaj

ORDER

This is a petition filed by the petitioners seeking to quash the proceedings in FIR No.141 of 2019 on the file of the first respondent 1/4

in so far as the petitioners are concerned.

2. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably between themselves.

3. A joint compromise memo dated 19.9.2023 signed by both the petitioners as well as the de facto complainant namely the second respondent has been filed before this Court. Three separate affidavits by both the petitioners as well as the second respondent, all dated 19.9.2023, have been filed before this Court. The petitioners and the second respondent are also present in Court and they are identified by Ms.K.Chithra, Inspector of Police, Central Crime Branch, Chennai. In the joint compromise memo and in the affidavits, it has been stated that the petitioners and the second respondent entered into the compromise and amicably settled their issues in Crime No.141 of 2019 on the file of the first respondent. This Court has also enquired the parties and is satisfied that the parties have arrived at 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 2/4

not compoundable in nature. In the light of the guidelines given by the Hon'ble Supreme Court in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath [reported in 2017 (9) SCC 641] and after exercising due caution as advised by the Hon'ble Supreme Court in the case of 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 the Criminal Procedure Code, quashes the case in Crime No.141 of 2019 on the file of the first respondent.

5. Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.141 of 2019 on the file of the first respondent is quashed in so far as the petitioners are concerned. The terms of the joint compromise memo dated 19.9.2023 and the affidavits dated 19.9.2023 filed by both the petitioners as well as the second respondent shall form part and parcel of this order. The investigation shall go on as far as the other accused persons are concernd and the same shall be completed as expeditiously as possible.

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N.ANAND VENKATESH,J rka Index : Yes/No Speaking Order : Yes/No To 1.The Inspector of Police, Central Crime Branch, Forgery Wing, Team V, Chennai.

2.The Public Prosecutor, High Court, Madras.

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