Santhosh Naveen v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2022

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.Santhosh Naveen 2.Francis Xavier 3.Leema Josephine Mary 4.Ponnusamy 5.J.Premalatha ...

Petitioners Vs.

1.The Deputy Superintendent of Police, Bhavani, Erode District.

2.The Inspector of Police, All Women Police Station-Bhavani, Erode District, Crime No.12 of 2022.

3.Prema ...

Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records pertaining to the FIR in Crime No.12 of 2022 on the file of the 2nd respondent and quash the same by allowing this criminal original petition.

For Petitioners : Mr.K.M.Subheramaniam For Respondent : Mr.S.Santhosh Nos.1 & 2 Government Advocate (Crl.side) For Respondent : Mr.P.Marudhupandiyan No.3

ORDER

This Criminal Original Petition has been filed to call for the records pertaining to the FIR in Crime No.12 of 2022 on the file of the 2nd respondent 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 Joint Memo of Compromise dated 21.10.2022 has been filed before this Court which has been signed by the petitioners and the second respondent. 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 are made part of the record. 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 keeping the First Information Report. In the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641 in the case of Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.12 of 2022.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.12 of 2022, on the file of the second respondent is quashed and the terms of Joint Memo of Compromise dated 21.10.2022 filed by parties shall form part and parcel of this Order. The petitioners shall pay jointly a sum of Rs.10,000/-, (Rupees Ten thousand only) as costs, to the Chief Justice Relief Funds, High Court, Madras within a period of one week from the date of receipt of a copy of this order

and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

28.11.2022 Internet: Yes Index : Yes/No Speaking/Non speaking order sms/mrp To 1.The Deputy Superintendent of Police, Bhavani, Erode District.

2.The Inspector of Police, All Women Police Station-Bhavani, Erode District, Crime No.12 of 2022.

3.The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, sms/mrp 28.11.2022