C.K.Raji @ Raju v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.11.2018

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P.No.26548 of 2018 C.K.Raji @ Raju, M/36 Yrs, S/o.Karupaiah ... Petitioner Vs.

1. State rep. by its Inspector of Police, J-3, Guindy Police Station, Chennai.

2. Deva @ Devanathan, M/A-37 Yrs, S/o. Balakrishnan ... Respondents PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C, to call for the records in Crime No.3362 of 2015, on the file of the Inspector of Police, J-3 Guindy Police Station, Chennai and quash the same.

For Petitioner : Ms.Prasanna.D For Respondent : Mr.M.Mohamed Riyaz (for R1) Additional Public Prosecutor

ORDER

The Criminal Original Petition has been filed seeking to quash the proceedings in Crime No.3362 of 2015, on the file of the Inspector of Police, J-3 Guindy Police Station, Chennai, 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 Joint Memo of Compromise has been filed before this Court which has been signed by the petitioner and the second respondent and also by their respective counsel. The respondent Police officials identified the respective parties and the same is accepted. This Court also enquired both the parties and was https://hcservices.ecourts.gov.in/hcservices/

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 Gujarath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the proceedings in Crime No.3362 of 2015, on the file of the Inspector of Police, J-3, Guindy Police Station, Chennai.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.3362 of 2015, on the file of the Inspector of Police, J-3, Guindy Police Station, Chennai, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner shall pay a sum of Rs.1000/-(Rupees One Thousand only) 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.

* Xerox copy of The Joint Memo of Compromise dated 15.11.2018. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rm To

1. The Inspector of Police, J-3, Guindy Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

3. The Section Officer, Accounts Section, High Court, Madras.

+1cc to Ms.Prasanna.D, Advocate, S.R.No.78444 CRL.O.P.No.26548 of 2018 NRI(CO) CS/11/01/2019 CS/22/01/2019 https://hcservices.ecourts.gov.in/hcservices/