K.M.Vidhyasagar v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2018

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.OP.No.28556 of 2018 and Crl.MP.No.16623 of 2018 K.M.Vidhyasagar ... Petitioner Vs.

1. State rep by its The Inspector of Police, Central Crime Branch - I, Veppery, Chennai - 600 007.

2. P.Rathinavelu

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C to call for the records in Crime No.23 of 2018 on the file of the Inspector of Police, CCB, Veppery, Chennai - 600 007 and quash the same.

For Petitioner : Mr.R.Bhagawat Krishna For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.S.Ashok kumar Mr.R.Murugan

ORDER

This Criminal Original Petition has been filed to quash the proceedings in Crime No.23 of 2018, on the file of the Inspector of Police, CCB, Veppery, Chennai - 600 007, for an alleged offence under Sections 420 and 506(1) of IPC.

2. The case is still at 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 have been signed by the petitioner and the second 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 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.23 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.23 of 2018, on the file of the Inspector of Police, CCB, Veppery, 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.750/- (Rupees Seven Hundred and Fifty 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. Consequently, the connected Miscellaneous Petition is also closed.

* Enclose a copy of the Joint Compromise Memo Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msrm/rka To 1.The Inspector of Police, Central Crime Branch - I, Veppery, Chennai - 600 007.

2.The Public Prosecutor, High Court, Madras.

3.The Sub Assistant Registrar, Accounts Section, High Court, Madras.

Copy To:

The Section Officer/Record Clerk, Criminal Section, High Court, Madras.

+1cc to Mr.R.Bhagawat Krishna, Advocate, S.R.No.87232 Crl.OP.No.28556 of 2018 and Crl.MP.No.16623 of 2018 KJI(CO) rrs 11/01/2019