R.V.Arul At Arulrajan v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P..No.27803 of 2018 and Crl.M.P.No.16080 of 2018 R.V.Arul @ Arulrajan

...Petitioner/Accused No.1

Vs.

1. State Rep by, The Sub- Inspector Police, C-3, Manimangalam Police Station, Kanchipuram District.

(Crime No.133 of 2018) .. 1st Respondent/Complainant

2. K.Savithri ... 2nd Respondents /De-facto complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the proceedings in Crime No.113 of 2018 on the file of the Inspector of Police, C-3, Manimangalam Police Station, Kanchipuram District, the first respondent herein and quash the same. For Petitioners : Mr.N.Vijaya Baskar for M/s.Law Vision For R1 : Mr.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.MA.P.Thangavel

ORDER

The Criminal Original Petition has been filed to quash the Cr.No. 113 of 2018 on the file of the Inspector of Police, C-3, Manimangalam Police Station, Kanchipuram District 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. An affidavit has been filed before this Court which have been signed by the de-facto complainant/second respondent by her respective counsel. In order to identify the respective party 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 Cr.No. 113 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Cr.No. 113 of 2018 on the file of the Inspector of Police, C-3, Manimangalam Police Station, Kanchipuram District is quashed and the terms of affidavit of the second respondent/de-facto complainant shall form part and parcel of this order. The petitioner shall pay a sum of Rs.5000/- 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. * Enclosed Xerox copy of the Affidavit of 2nd Respondent. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar dss To

1. The Sub- Inspector Police, C-3, Manimangalam Police Station, Kanchipuram District.

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

Copy To:

1.The Sub Assistant Registrar, Accounts Section, Madras High Court, Madurai.

2. The Section Officer, Criminal Section, Madras High Court, Madras (For reporting compliance) +1cc to Mr.Ma.P.Thangavel, Advocate, S.R.No.82598 +1cc to M/s.Law Vision, Advocate, S.R.No.82174 Crl.O.P..No.27803 of 2018 CNR(CO) rrs 28/12/2018