K.Prasanth v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2019
CORAM
THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.O.P.No.34378 of 2019
1. K. Prasanth 2.G. Kaushik Ram 3.Abdul Rahim 4.Neeraj Sunil 5.Charan 6.Dhanush 7.Dheepan Raj 8.Manoj 9.Mohan 10.Pradeep Deepan
11. Subash
12. Yuva Vignesh
13. Dhanush Adithya
14. Sivasooriyan
15. Yash 16.Karthick Raja
17. Deva Kumar
...Petitioners
vs.
1.The Inspector of Police, J-13, Tharamani Police Station, Adyar, Tamil Nadu.
2.Kowshik Raghu Raja
...Respondents
PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash the final report under Sections 147, 323, 324 IPC in C.C.No.4099 of 2019 on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai 600 018. For Petitioners : M/s.MA. Gouthaman For Respondent No.1 : Mr.C.Raghavan Government Advocate
ORDER
This Criminal Original Petition has been filed by Accused Nos.1 to 17 to quash the final report under Sections 147, 323, 324 IPC in C.C.No.4099 of 2019 on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai 600 018.
2. Based on the complaint lodged by the second respondent, the first respondent, has registered an FIR in Crime No.1317 dated 21.08.2019 against the petitioners herein under Sections 147 and 324 of IPC.
3. The first respondent after investigation has filed a charge sheet stating that the petitioners herein (A1 to A17) have committed offences punishable under Sections 147, 323 and 324 of IPC and based on the same, the learned XVIII Metropolitan Magistrate, Saidapet, Chennai 600 018, has taken the case on file as C.C.No.4099 of 2019.
4. The case is still in the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
5. A Compromise memo, dated 18.12.2019, has been filed before this Court which has been signed by the petitioners and the 2nd respondent/defacto complainant and other injured persons namely Isac Camalias.B, A. Nileshram, Lokeshwaran and Vishnu Varadhan and also by the counsel for the petitioners. The petitioners and the 2nd respondent and the other aforesaid injured persons are present in person before this Court. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card and they are made part of the record. This Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves.
6. Under such circumstances, no useful purpose will be served in keeping the case pending. Even though, the offences involved are non-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 Case in C.C.No.4099 of 2019 on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai 600 018 against the petitioners herein/A1 to A17.
7. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.4099 of 2019 on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai 600 018, is hereby quashed as against the petitioners herein A1 to A17 and the terms of Compromise Memo shall form part and parcel of this order.
*Herein enclose xerox copy of Memo of Compromise -s/d- Assistant Registrar True Copy Sub-Assistant Registrar To
1. The Inspector of Police, J-13, Tharamani Police Station, Adyar District, Tamil Nadu.
2. The XVIII Metropolitan Magistrate, Saidapet, Chennai 600 018.
3. The Public Prosecutor, High Court, Madras.
4.The Chief Metropolitan Magistrate Saidapet Chennai-18 CRL.O.P.No.34378 of 2019 aa07/01/2020