Aravindan v. The State, Represented By

INTHE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P. No.27105 of 2018 Aravindan .. Petitioner/Accused .Vs.

1.State, rep by The Inspector of Police, Ashok Nagar Police Station, Chenni-600 083.

.. 1st Respondent/Complainant 2.T.Sudha ..2nd Respondents/Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for all records in FIR in Crime No.402 of 2018 on the file of 1st respondent herein and quash the same.

For Petitioner : Mr.M.Velmurugan For Respondent : Mr.M.Mohamed Riyaz, APP for R1

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.402 of 2018, on the file of the 1st respondent Police for an offence under Section 406 and 420 of I.P.C.

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 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 produced the https://hcservices.ecourts.gov.in/hcservices/

copies of the Aadhaar Card are 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. 402 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.402 of 2018, on the file of the 1st respondent Police is quashed, and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioner shall pay a sum of Rs.2,500/- as costs, to the credit of the "Environment Fund" (payable in Account No.6656485009, Member Secretary, Tamil Nadu State Legal Services Authority) 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 Memo of Compromise enclosed Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar KP To 1.The Inspector of Police, Ahok Nagar Police Station, Chenni-600 083.

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

3.Member Secretary, Tamil Nadu Legal Services Authority, Chennai-104.

+1cc to Mr.M.Velmurugan, Advocate, S.R.No.84388 Crl.O.P. No.27105 of 2018 SJ(CO) CS/11/01/2019 CS/22/01/2019 https://hcservices.ecourts.gov.in/hcservices/