Manikandan @ Kottai Mani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.11.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P.No.27415 of 2022 and Crl.M.P.No.16837 of 2022

1. Manikandan@ Kottai Mani

2. K.manikandn @ Saibaba Koil Manikandan

3. R.Suresh

4. Lokesh

5. Sudharsan @ Subha

6. Aruneshwar @ Comedy Arun ... Petitioners Vs.

1. The State by the Inspector of Police, R-6, Kumaran Nagar Police Station, Chennai District.

Crime No.339/2022

2. R.Bharath @ Bharathkumar ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to call for the records pertaining to the FIR in Crime No.339/2022 on the file the first respondent and quash the same. For Petitioners : Mr.M.Karthik For R1 : Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.339/2022 on the file the first respondent police.

2. As the parties have decided to compromise the dispute amicably among themselves, they have filed the present petition to quash the proceedings in view of the compromise entered into between the parties.

3. A Joint Compromise memo dated 31.10.2022 has been filed before this Court, which has been signed by the petitioners and the second respondent and also by the counsel for the petitioner. The petitioners and the second respondent are present before this Court and they were identified by Mr.Ponraj, Inspector of Police, R-6, Kumaran Nagar Police Station, Chennai and Mr.K.Mohan, Police Constable (57601), who are also present at the time of hearing. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card and it is made part of the record. In the petition, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.339/2022. This Court also enquired both the parties and is 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 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 v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. is inclined to quash the FIR in Crime No.339/2022 on the file of the R-6, Kumaran Nagar Police Station, Chennai.

5. Accordingly, this Criminal Original Petition stands allowed and the FIR in Crime No.339/2022 on the file of the R-6 Kumarana Nagar Police Station, Chennai is quashed. The terms of Joint Compromise Memo dated 31.10.2022 shall form part and parcel of the order. 16.11.2022 mst

To

1. The Inspector of Police, R-6, Kumaran Nagar Police Station, Chennai District.

2. The Public Prosecutor, High Court of Madras.

V.SIVAGNANAM, J.

mst Crl.O.P.No.27415 of 2022 16.11.2022