Madras High CourtCRL OP/27819/2018disposed of

S.Sivakumar v. State Rep. By

2018-11-29Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.27819 of 2018 & Crl.M.P.No.16106 of 2018 S.Sivakumar ..Petitioner/Accused No.3 Vs.

1.The State Rep. By Inspector of Police, Chitlapakkam Police Station, Chitlapakkam, Chennai-600 064. ..Respondent/Complainant (Crime No.577/2018) 2.Rajendran ..Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in Crime No.577 of 2018 on the file of the Inspector of Police, Chitlapakkam Police Station, Chennai-600 064 and quash the same against the petitioner/Accused-3.

For Petitioner : Mr.T.Arunkumar For Respondents : Mr.M.Mohamed Riyaz Addl. Public Prosecutor for R1

ORDER

The Criminal Original Petition has been filed to quash the proceedings in Crime No.577 of 2018 on the file of the Inspector of Police, Chitlapakkam Police Station, Chennai-600 064.

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

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 No.577 of 2018.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.577 of 2018 on the file of the Inspector of Police, Chitlapakkam Police Station, Chennai600 064, is hereby quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The petitioner/A3 shall pay a sum of Rs.1,000/- as costs, to the credit of the Chief Justice Relief Fund, 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.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar kal To 1.The Inspector of Police, Chitlapakkam Police Station, Chitlapakkam, Chennai-600 064.

2. The Section officer, Accounts Section, High Court, Madras 104. 3.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.T.Arunkumar, Advocate sr 87605.

Crl.O.P.No.27819 of 2018 & Crl.M.P.No.16106 of 2018 SP(08/01/2019) https://hcservices.ecourts.gov.in/hcservices/