G.Felix v. The State Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.
28291 of 202 G.Felix ... Petitioner/Accused vs.
1.The State of Tamil Nadu, Represented by its Sub-Inspector of Police, W-25, AWPS T.Nagar Police Station, Chennai - 600 017.
(Crime No.04 of 2022) 2.Revathi ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records in Crime No.04 of 2022 dated 08.10.2022 pending on the file of the Sub-Inspector of Police, W-25, AWPS T.Nagar Police Station, Chennai and quash the same. For Petitioners : Mr.R.Krishna Kumar For Respondent-1 : Mr.A.Damodaran Additional Public Prosecutor 1/6
ORDER
The Criminal Original Petition has been filed to quash the FIR in Crime No.04 of 2022, pending on the file of the first respondent.
2. The case is still at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. The Affidavit dated 08.09.2023 has been filed by the 2 nd respondent/de-facto complainant before this Court. The petitioner and the second respondent were also present in person before this Court and they were identified by Ms.S.Panchamirtham, WSSI, W-25 AWPS T.Nagar Police Station, Chennai. In the affidavit it has been stated that the petitioner and the second respondent have entered into a compromise and amicably settled their issues in Crime No.04 of 2022 pending on the file of first respondent. 2/6
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 Suprme 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. quashes the First Information Report in Crime No.04 of 2022, pending on the file of first respondent Police.
5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.04 of 2022, pending on the file of first respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. The petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) each, as costs, to the credit of the President, Tamil 3/6
N. ANAND VENKATESH, J.
rsi Nadu Advocates Clerk Association, Salem, Indian Oversees Bank, District Court Branch, Salem 7 A/c No.178001000000397, IFSC Code:IOBA0001780, within a period of two weeks from today and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
Post this case under the caption 'for reporting payment of cost' on 25.09.2023.
08.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rsi Note: Issue order copy on 14.09.2023 4/6
To 1.The Sub-Inspector of Police, W-25, AWPS T.Nagar Police Station, Chennai - 600 017.
2.The Public Prosecutor, High Court of Madras, Madras.
5/6
N. ANAND VENKATESH, J.
rsi 08.09.2023 6/6