Anandan v. Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and Crl.M.P.No.16804 of 2022

1. L.Anandan

2. Padmavathi

3. U.Santhakumari

4. V.Sukumar .. Petitioners

Versus

1. State represented by Sub Inspector of Police, Ponneri Police Station, Tiruvallur District.

Crime No.101 of 2022.

2. Balasundaram .. Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records of the F.I.R.No.101 of 2018 dated 25.03.2018 on the file of the Inspector of Police, Ponneri Police Station, Tiruvallur district and the first respondent Police, quash the same. For Petitioners : Mr.M.Gnanasekar For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side) for R1

ORDER

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The Criminal Original Petition has been filed to quash the F.I.R in Crime No.101 of 2018, 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 joint memo of compromise entered into between the petitioners and the second respondent / de-facto complainant in Crl.O.P.No.10188 of 2018 has been filed before this Court. The petitioners and the second respondent were also present in person before this Court. They were identified by Mr.R.Venkatesalu, Special Sub-Inspector of Police, E1Ponneri Police Station, Tiruvallur district. It is stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.101 of 2018. 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.101 of 2018, on the file of the first respondent Police.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.101 of 2018, on the file of the first respondent Police, is quashed and the terms of joint memo of compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.500/- (Rupees Five hundred only) each 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 today and file a 3/5

photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, connected miscellaneous petition is closed. 19.07.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs 4/5

N.ANAND VENKATESH, J.

grs To

1. The Public Prosecutor, High Court of Madras.

2. The Sub Inspector of Police, Ponneri Police Station, Tiruvallur District.

and Crl.M.P.No.16804 of 2022 19.07.2023 5/5