Ajith v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2022

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA

1. Ajith

2. Jaishankar ... Petitioners Vs.

1.State Rep by:

The Inspector of Police, Podhanur Police Station, Coimbatore District.

[Crime No.649 of 2022] 2.Ali Raza @ Ali Raja ... Respondents Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.649 of 2022 on the file of the first respondent police and quash the same.

For Petitioners : Mr.W.Camyles Gandhi For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side) for R1 ***** 1/4

O R D E R

This Criminal Original Petition has been preferred to call for the entire records in Crime No.649 of 2022 on the file of the 1st respondent police and quash the same.

2. Heard Mr.W.Camyles Gandhi, learned counsel for the petitioners and Mr.S.Santhosh, learned Government Advocate (Crl.Side) appearing for the first respondent.

3. The defacto complainant and the petitioners are said to be friends. During the pendency of the case, it is seen that the second respondent/defacto complainant has settled all the disputes between himself and the petitioners. The parties have entered into a joint memo of compromise on 13.12.2022.

4. When the matter is taken up today, the petitioners and the 2nd respondent/de-facto complainant are present before this Court and identified by their counsel and Mr.S.Serandhaiyan, D3 Podhanur L & O Police Station, Coimbatore. In order to identify the respective parties, they have also produced the copies of the Aadhaar Cards. The terms of compromise were read over to the petitioners and the second respondent. They accepted it to be true and stated that it has been entered between themselves without any coercion or influence.

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5. In view of the terms of compromise, the second respondent and the petitioners have agreed to purchase peace and part their ways separately. Since the matter is amicably settled, I feel it is appropriate to allow the parties to live at peace, in view of the compromise entered into between themselves.

6. Under such circumstances, no useful purpose will be served in keeping the proceedings pending. Therefore, 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 power under Section 482 Cr.P.C. prefers to quash the proceedings in Crime No.649 of 2022 on the file of the first respondent.

7. In the result, this Criminal Original Petition is allowed and as a sequel, the further proceedings in Crime No.649 of 2022 on the file of the 1st respondent is quashed due to compromise. The Compromise affidavit shall form part of this Order.

16.12.2022 Index: Yes/No Speaking / Non Speaking Order kmi To 1.The Inspector of Police, Podhanur Police Station, Coimbatore District. 2.The Public Prosecutor, High Court of Madras.

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R.N.MANJULA, J.

kmi 16.12.2022 4/4