M.Thomas Edison v. Iop Egmore Ps Ch

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P..No.23970 of 2018 and Crl.M.P.No.13549 of 2018

1. M.Thomas Edison

2. Indigo Raj

3. Wilson ... Petitioners Vs.

1. The State Rep by, The Inspector Police, F-2, Egmore Police Station, Egmore, Chennai-8.

2. Mrs.S.Kathiravan ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records culminated in C.C.No.5233 of 2016 on the file of learned XIV Metropolitan Magistrate, Allikulam, Chennai and quash the same.

For Petitioners : Mr.N.L.Rajka For R1 : Mr.Mohamed Riyaz Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed to quash the C.C.No.5233 of 2016 on the file of learned XIV Metropolitan Magistrate, Allikulam, Chennai pursuant to the compromise arrived at by the parties.

2. 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.

3. A Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. In order to identify the respective parties they have also produced the copy of the Aadhaar Card which is made part of the record. This Court

also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4. 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), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the Crime C.C.No.5233 of 2016.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.5233 of 2016 on the file of learned XIV Metropolitan Magistrate, Allikulam, Chennai is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.500/- as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), 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. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar dss To

1. The Inspector Police, F-2, Egmore Police Station, Egmore, Chennai-8.

2. The Additional Public Prosecutor, Madras High Court, Madras.

3.The Sub Assistant Registrar, Accounts Section, High Court, Madras.

+1cc to M/S.BFS LEGAL, Advocate sr.no.80639 Crl.O.P..No.23970 of 2018 vsnii(co) nr 18/12/2018