Rajesh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2022

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA Rajesh ...

Petitioner/Sole Accused Vs.

1.The State Rep by The Inspector of Police, D-2, Anna Salai Police Station, Chennai.

...

1st respondent / complainant 2.P.Vignesh ...

2nd Respondent/ Defacto complainant PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for records in connection with S.C.No.122 of 2022 pending on the file of the learned III Additional Sessions Judge, City Civil Court, Chennai and quash the same.

For Petitioner : Mr.S.Karthick For Respondent-1 : Mr. E.Raj Thilak Additional Public Prosecutor For Respondent-2 : Mr.P.Preethi for R2 1/4

O R D E R

This Criminal Original Petition has been filed to call for records in connection with S.C.No.122 of 2022 pending on the file of the learned III Additional Sessions Judge, City Civil Court, Chennai and quash the same.

2. The case is still in 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 consent affidavit was filed by the 2nd respondent before this Court which has been signed by the petitioner and the second respondent and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4. Under such circumstances, no useful purpose will be served in 2/4

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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C,. is inclined to quash the proceedings in connection with S.C.No.122 of 2022 pending on the file of the learned III Additional Sessions Judge, City Civil Court, Chennai.

5. In the result, this Criminal Original Petition stands allowed and as a sequel, the proceedings in S.C.No.122 of 2022 pending on the file of the learned III Additional Sessions Judge, City Civil Court, Chennai is quashed and the consent affidavit dated 04.11.2022 filed by the 2nd respondent shall form part and parcel of this Order.

11.11.2022 Index : Yes/No Speaking Order : Yes / No jrs 3/4

R.N.MANJULA, J., jrs To:

1. The III Additional Sessions Judge, City Civil Court, Chennai.

2.The The Inspector of Police, D-2, Anna Salai Police Station, Chennai.

3. The Public Prosecutor, Madras High Court.

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