Sakthi 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.34272 of 2019 1.Sakthi 2.Praveen 3.Charan 4.K. Prasanth 5.Abdul Rahim 6.Surya

7. Yuva Vignesh

8. Subash

...Petitioners

vs.

1.The Inspector of Police, Tharamani Police Station, Adyar, Tamil Nadu.

2.Ajay Suriya

...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.4098 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 8 to quash the final report under Sections 147, 323, 324 IPC in C.C.No.4098 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.135 dated 21.02.2019 against the petitioners herein under Sections 341, 147, 294(b) and 323 IPC and after investigation, has filed a charge sheet under Sections 147, 323 and 324 IPC.

3. The first respondent has filed a charge sheet stating that the petitioners herein (A1 to A8) have committed offences punishable under Sections 341, 147, 294(b) and 323 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.4098 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 Ajay Suriya and also by the counsel for the petitioners. The petitioners and the 2nd respondent and the other aforesaid injured person 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.4098 of 2019 on the file of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai 600 018 against the petitioners herein/A1 to A8.

7. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.4098 of 2019 on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai 600 018, is hereby quashed as against the petitioners herein A1 to A8 and the terms of Compromise Memo shall form part and parcel of this order.

*Herein enclose xerox copy of Memo of Compromise Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar gv

To

1. The Inspector of Police, Tharamani Police Station, Adyar, 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 CRL.O.P.No.34272 of 2019 aa07/01/2020