J.Aravindhan v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.03.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.5525 of 2024 and Crl.MP.No.4037 of 2024 1.J.Aravindhan 2.Agathiya Rajendiran 3.Abinaya Ayyanar 4.Manimegalai .. Petitioners/Accused 2-5 vs.
1.State rep.by The Inspector of Police Kammapuram Police Station Cuddalore, Tamil Nadu.
..1st Respondent/Complainant (Crime No.397 of 2022) 2.M.Selvapriya ..2nd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Cr.No.397 of 2022, on the file of the first respondent/complainant, the Inspector of Police, Kammapuram Police Station, Cuddalore and quash the same.
For Petitioners : Mr.R.Alvin Manoj Raj For Respondent : Mr.A.Gopinath Government Advocate for R1
ORDER
The Criminal Original Petition has been filed seeking to quash the FIR in Crime No.397 of 2022, pending on the file of the 1st respondent police.
2. The case is still in the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. A Joint Memo of Compromise dated 06.1.2024 signed by both the petitioner and the 2nd respondent has been filed before this Court. As per the compromise entered between the parties, the 2nd respondent has agreed to receive a sum of Rs.10,00,000/- as the settlement amount from the petitioners. Accordingly, a sum of Rs.7,00,000/- was paid to the 2nd respondent today through a demand draft dated 7.12.2023 bearing No.012965 drawn at HDFC Bank, T.Nagar Branch, Chennai. Insofar as the balance amount of Rs.3,00,000/-, the 3rd and 4th petitioners had already deposited this amount before the Judicial Magistrate No.II, Virudachalam, Cuddalore, and this amount is available. Hence, it will be left open to the 2nd respondent to file a memo/petition before the learned Judicial Magistrate No.II, Virudachalam, seeking for withdrawing the amount of Rs.3,00,000/- and this memo/petition shall be entertained and the learned Judicial Magistrate No.II, Virudhachalam will permit the 2nd respondent to withdraw the amount.
4. Under such circumstances, no useful purpose will be served in keeping the case pending, even though, the offences involved are not 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) and after exercising due caution as advised by the Hon'ble Supreme Court in The
State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C, quashed the FIR in Crime No.397 of 2022, pending on the file of the 1st respondent.
5. This Criminal Original Petition stands allowed and as a sequel, investigation in Crime No.397 of 2022, pending on the file of the first respondent, is hereby quashed in entirety and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.1000/- (Rupees one thousand only) as costs, to the credit of the President, Tamil Nadu Advocate's Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c No.484026006, IFSC Code:IDIB000M157), within a period of two weeks from the date of receipt of copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Consequently, connected miscellaneous petitions are closed. 6.Post this case "for reporting compliance" on 25.3.2024. 04.03.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp Note: Issue order copy on 8.3.2024
N. ANAND VENKATESH, . J.
kp To 1.The Inspector of Police Kammapuram Police Station Cuddalore, Tamil Nadu.
2. The Public Prosecutor, High Court of Madras, Madras.
Crl.O.P No.5525 of 2024 04.03.2024