Prabhu v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.Prabhu 2.Sai @ Banu Prakash Seetharaman 3.Kirubha 4.Saravanan 5.P.Jayaraman 6.Murali 7.Raman 8.Rajesh ... Petitioners Vs.

1.The State represented by The Inspector of Police Avadi Tank Police Station, Chennai.

2.Veera ... Respondents Prayer:

Petition filed under Section 482 of Cr.P.C., seeking to call for the records in Crime No.413 of 2022 on the file of respondent police and quash the same.

For Petitioners : Mr.M.Jaisingh For Respondents : Mr.A.Gopinath for R1 Government Advocate (Crl. Side) 1/4

O R D E R

The criminal original petition has been filed seeking to quash the F.I.R. in Crime No.413 of 2022, pending on the file of the first respondent.

2.The learned Government Advocate (Crl. Side) submits that A5 has one previous case for the offence under Section 307 of I.P.C. and A6 has one previous case for the offence under the NDPS Act. 3.The case is still at the stage of investigation. The parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

4.The affidavit of the second respondent dated 30.10.2023 has been filed before this Court. The petitioners and the second respondent were also present in person before this Court and they were identified by Ms.D.Krishnaveni, Women Special Sub Inspector of Police, T-7 Tank Factory Police Station. In the affidavit it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.413 of 2/4

2022. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves. 5.Under such circumstances, no useful purpose will be served in keeping the First Information Report 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 Vs. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.413 of 2022, on the file of the first respondent Police.

6.This criminal original petition stands allowed and as a sequel, the proceedings in Crime No.413 of 2022, on the file of the first respondent police, is quashed and the terms of affidavit shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.1,000/- (each Rupees One Thousand Only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, 3/4

Madras High Court, Chennai (Indian Bank, High Court Branch, N.ANAND VENKATESH,J.

pri A/c No.484026006, IFSC Code:IDIB000M157), within a period of one week from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

07.02.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Inspector of Police Avadi Tank Police Station, Chennai.

2.The Public Prosecutor, High Court of Madras, Chennai 600 104.

4/4

07.02.2024 5/4