K.Selvaraj v. Iop Sounarapandianar Angadi Ps Ch

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:25.01.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.Nos.24742 & 21757 of 2018 and Cr.l.M.P.Nos.13964 & 11923 of 2018 K.Selvaraj ... Petitioner in Crl.O.P.No.24742 of 2018 Eswar @ Eswara Teji ... Petitioner in Crl.O.P.No.21757 of 2018 Vs.

1.The Inspector of Police, (crime) R-4, Soundarapandianar Angadi Police Station, T.Nagar, Chennai - 600 017.

... Respondent in both petitions

2. V.Ramesh Babu ... Respondent in both petitions Common Prayer: Criminal Original petitions filed under Section 482 of the Criminal Procedure Code, to call for the records in FIR in R-4, Soundrapandiyanar Angadi Police Station, Cr.No.186 of 2018 pending investigation on the file of respondent police and quash the same.

For Petitioner : Mr.M.Shreedhar (in both petitions) For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor (in both petitions) COMMON ORDER The Criminal Original Petitions have been filed to quash the investigation in Cr.No.186 of 2018 pending on the file of the R-4, Soundarapandianar Angadi Police Station, T.Nagar, Chennai - 600 017 pursuant to the compromise arrived at by the parties.

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 Counter affidavit of the second respondent/defacto complainant has been filed before this Court. The parties were also present before the Court and they have also produced the copies of the Aadhaar Card which are 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 First Information Report in Cr.No.186 of 2018.

5. This Criminal Original Petitions stand allowed and as a sequel, the investigation in Cr.No.186 of 2018 pending on the file of the R-4, Soundarapandianar Angadi Police Station, T.Nagar, Chennai - 600 017 is quashed and the terms of Counter affidavit of the second respondent/defacto complainant shall form part and parcel of this order. Each of the petitioners shall pay a sum of Rs.2000/- 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 petitions are closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar

dss To

1. The Inspector of Police, (crime) R-4, Soundarapandianar Angadi Police Station, T.Nagar, Chennai - 600 017.

2. The Public Prosecutor, Madras High Court.

+2cc to M/S.Sreedhar, Advocate Sr.5972, 5971 Crl.O.P.No.24742 & 21757 of 2018 srg 19/02/2019