Sibin Raju Varghese v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.29154 of 2018 and Crl.M.P.No.17057 of 2018 Sibin Raju Varghese

...Petitioner

Vs.

1.State rep by, The Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai 600 091.

2.Joycy

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records of the FIR in Crime No.4 of 2018 on the file of the Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai 600 091 and to quash the same in view of the proceedings on the petitioner as accused 1. For Petitioner : Mr.R.Balaguruswamy For Respondent 1: Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records of the FIR in Crime No.4 of 2018 on the file of the Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai 600 091 and to quash the same.

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 petitioner and the second respondent and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the

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.4 of 2018.

5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.4 of 2018, on the file of the Inspector of Police, W32, All Women Police Station, Madipakkam, Chennai 600 091 is quashed and the terms of Affidavit shall form part and parcel of this Order. Each of the petitioners shall pay a sum of Rs.5000/-, as costs, to the Kaakkum Karangal Old-7, New-39, East Madha Street, Thiruvanmiyur, Nr Temple Tank, Chennai 600 041, +91-44-24401825 (Old age home / orphanage), 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 Criminal Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AD IV) //True Copy// Sub Assistant Registrar rna To 1.The Inspector of Police, W-32, All Women Police Station, Madipakkam, Chennai 600 091.

2.The Public Prosecutor, High Court, Madras.

3.The Manager, Kaakkum Karangal(Old age Nome/orphanage) Old-7, New-39, East Madha Street, Thiruvanmiyur, Chennai 600 041.

+1cc to Mr.R.Balagurusamy, Advocate Sr.40949 Crl.O.P.No.29154 of 2018 and Crl.M.P.No.17057 of 2018 srg 30/05/2019