E.Shankar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2019

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.OP No.31116 of 2019 E.Shankar ... Petitioner Vs.

1. State Represented by The Inspector of Police, S-15, Seliyur Police Station, Saliyur, Tambaram, Chennai - 600 073.

(Crime No.1627 of 2016)

2. Gopiraj ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records and quash the FIR filed in Crime No.1627 of 2016 on the file of 1st respondent against the petitioner under the ground of compromise.

For Petitioner : Mr.M.Senthil Murugan For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor for R1

ORDER

This petition has been filed to call for the records and quash the FIR filed in Crime No.1627 of 2016 on the file of 1st respondent against the petitioner under the ground of compromise.

2.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the first respondent.

3.The learned Additional Public Prosecutor opposed the compromise arrived between the parties and submitted that as per the complaint, the accused have forged the documents relating to property which belongs to Government Poramboke. 4.The grievances of the complaint seems to be that based on such documents, the amount which were paid have been misappropriated. By way of the present compromise a settlement has been arrived between the parties to return the money and the de-facto complainant has also filed a compromise affidavit dated 12.11.2019 stating that he has no objection if the https://hcservices.ecourts.gov.in/hcservices/

proceedings in Crime No.1627 of 2016 on the file of 1st respondent is quashed. Moreover, the complaint which was given on 09.06.2016 has been registered on 29.06.2016 and till date the investigation is still pending.

5.In view of such prolong delay in the investigation, the parties would have been put to serious prejudice apart form denial of speedy disposal.

6.In this circumstances, this Court is of the view that the compromise arrived between the parties could be accepted. 7.Recording the statements made by the defacto complainant in the affidavit filed by his dated 12.11.2019, the entire proceedings in Crime No.1627 of 2016 on the file of 1st respondent is quashed. Accordingly, the Criminal Original Petition stands allowed.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar ssr To

1. The Inspector of Police, S-15, Seliyur Police Station, Saliyur, Tambaram, Chennai - 600 073.

2. The Public Prosecutor, High Court, Madras.

+1cc to Government Pleader, SR.No.98388.

Crl.OP No.31116 of 2019 PA (CO) CSR(30/12/2019) https://hcservices.ecourts.gov.in/hcservices/