K.V.Gopala Krishnan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.25456 of 2018 1.K.V.Gopala Krishnan 2.Divakaran @ K.S.Diwakaran ..Petitioners/Accused 4 & 5 Vs 1.Inspector of Police, Central Crime Branch - II Team XVII, Vepery, Chennai.

.. 1st Respondent/Complainant 2.Ramajayaraman .. 2nd Respondent/ Defacto Complainant PRAYER:

Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records and quash the FIR concerned in Crime No.98 of 2017 on the file of the Inspector of Police, Central Crime Branch - II, Team XVII, Vepery, Chennai. For Petitioners : Mr.S.Sasikumar For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.K.Balu

ORDER

The Criminal Original Petition has been filed seeking to quash the FIR in Crime No. 98 of 2017, pending on the file of the first respondent.

The petitioners are A4 and A5. The first respondent had registered a FIR in Crime No.98 of 2017 as against Nine accused persons for an offence under Sections 419, 465, 467, 468, 471, 120 B of IPC.

The learned counsel for the petitioners would submit that these petitioners are only subsequent purchasers and they have nothing to do with alleged offence. The learned counsel also would submit that the petitioners have entered into a compromise with the de-facto complainant and the entire amount has been paid to the de-facto complainant.

The learned counsel for the de-facto complainant would submit that the petitioners have paid the entire amount to the de-facto complainant and there is a compromise between the parties and the FIR can be quashed insofar as all the accused persons.

The learned Additional Public Prosecutor would submit that the case is still pending at the stage of investigation and if the parties have entered into a compromise, the same may be recorded by this Court and appropriate orders may be passed. The case is still in the stage of investigation. The parties have decided to bury their hatchet and resolve the dispute amicably among themselves. No useful purpose will be served by keeping the FIR pending in view of the settlement between the parties. Even though, the offence in question is non-compoundable in nature, this Court in exercise of its jurisdiction under Section 482 of Cr.P.C can quash the FIR keeping in mind the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath).

In view of the above, the FIR in Crime No.98 of 2017, pending on the file of the first respondent is hereby quashed as against all accused persons. Accordingly, the Criminal Original Petition is allowed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar jen/rpl

To 1.The Inspector of Police, Central Crime Branch - II Team XVII, Vepery, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.S.Sasikumar, Advocate Sr.No.77369 Crl.O.P.No.25456 of 2018 NRJK(CO) CSL/30.11.2018