Manikandan @ Kottaimani, M/27 v. State Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.27168 of 2017 and Crl.M.P.No.15574 of 2017 Manikandan @ Kottaimani

...Petitioner/Accused

Vs.

1.State by, The Inspector of Police (L & O), R-6, Kumaran Nagar Police Station, Chennai.

2.Manikandan

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the FIR in Crime No.583 of 2016 pending on the file of 1st respondent. For Petitioner : Mr.M.Arun For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : No appearance

ORDER

This Criminal Original Petition has been filed to quash the F.I.R in Crime No.583 of 2016 on the file of the Inspector of Police (L & O), R-6, Kumaran Nagar Police Station, Chennai, pursuant to the compromise arrived at by the parties. 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.

An Affidavit has been filed before this Court which have been signed by the petitioner. 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.

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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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.583 of 2016.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.583 of 2016, on the file of the Inspector of Police (L & O), R-6, Kumaran Nagar Police Station, Chennai is quashed and the terms of Affidavit of Manikandan shall form part and parcel of this Order. Consequently, connected Miscellaneous petition is also closed. * Enclosed the Xerox copy of Affidavit of Manikandan. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mpa/rts To 1.The Inspector of Police (L & O), R-6, Kumaran Nagar Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Arun, Advocate, S.R.No.17427 Crl.O.P.No.27168 of 2017 and Crl.M.P.No.15574 of 2017 EV(CO) rrs 29/03/2019 https://hcservices.ecourts.gov.in/hcservices/