← Library
Madras High CourtCRL OP/26089/2018allowed

Karthik v. State Rep By

2018-11-14Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Date : 14.11.2018

CORAM:

THE HON'BLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.26089 of 2018 and Crl.M.P.Nos.14976 & 14977 of 2018

1. Karthick

2. Manikandan ... Petitioners Vs.

1. The State rep. By, The Inspector of Police, K-10, Koyembedu Police Station, Chennai-600 107.

(Crime No.488 o 2015)

2. Marimuthu

3. Harikrishnan ... Respondents For Petitioners : Mr.C.Jeyaprakash For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor.

Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C, to call for the records relating to the criminal case in C.C.No.2179 of 2017 on the file of the learned V Metropolitan Magistrate, Egmore, Allikulam Campus quash the same.

ORDER

The Criminal Original Petition has been filed to quash the proceedings n C.C.No.2179 of 2017 on the file of the learned V Metropolitan Magistrate, Egmore, Allikulam Campus. 2.The case is still at 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 petitioner and the third respondent and also by their respective counsel. In order to identify the respective parties they have also produce the copy of the Aadhaar Card is made part of the record. This Court also enquired both the parties and was satisfied that the parties https://hcservices.ecourts.gov.in/hcservices/

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 Crime No.488 of 2015.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings C.C.No.2179 of 2017 on the file of the learned V Metropolitan Magistrate, Egmore, Allikulam Campus is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioners shall pay a sum of Rs.500/- (Rupees Five Hundred only) each 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/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar dss To

1. The learned V Metropolitan Magistrate Court, Egmore, Allikulam Campus.

2. The Inspector of Police, K-10, Koyembedu Police Station, Chennai-600 107.

3. The Public Prosecutor, Madras High Court, Madras.

+1cc to Mr.C.Jayaprakash, Advocate SR.No.77841 Crl.O.P.No.26089 of 2018 CNR(CO) GMY(05/12/2018) https://hcservices.ecourts.gov.in/hcservices/