Ajay Suriya 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.34259 of 2019

1. Ajay Suriya 2.Vishnu Prasad 3.Nilesh Ram 4.Kowshik 5.Abishek 6.Avinash 7.Kabilan

8. Rajkumaran

...Petitioners

vs.

1.The Inspector of Police, J-13, Tharamani Police Station, Adyar, Tamil Nadu.

2.Sakthi

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to quash the final report under Sections 341, 147, 323, 336 & 506 (1) IPC in C.C.No.4100 of 2019 on the file of the XVIII Metropolitan Magistrate, Saidapet, Chennai 600 018.

For Petitioners : M/s.R. Ganesh Ram For Respondent No.1: Mr.C.Raghavan Government Advocate

ORDER

This Criminal Original Petition has been filed by Accused Nos.1 to 8 to to quash the final report under Sections 341, 147, 323, 336 & 506 (1) IPC in C.C.No.4100 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.136 dated 21.02.2019 against the petitioners herein under Sections 341, 147, 323, 336 & 506(1) of 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, 323, 336 & 506(1) 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.4100 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 person namely K. Sakthi and also by the counsel for the petitioners. The petitioners and the 2nd respondent and the other aforesaid injured person is 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.4100 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.4100 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.

CRL.O.P.No.34259 of 2019 aa07/01/2020