Original Petition No. 7833 of 2024 · High Court

Criminal Original Petition No.7833 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 28.03.2024 CORAMTHE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Criminal Original Petition No.7833 of 20241.Gandhi S/o.Munisamy2.Viji S/o.Gandhi3.Tamilselvan S/o.Natarajan... PetitionersVs.

State represented by The Inspector of Police, Jolarpet Police Station, Thiruppathur District.

Kannadasan S/o.Manikkam... RespondentsPrayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records pending on the file of first respondent in Crime No.569 of 2023 and quash the same. For Petitioners: Mr.E.KannadasanFor Respondents: Mr.A.Gopinath Government Advocate (Crl.side) [R1]*****1/4 https://www.mhc.tn.gov.in/judis Criminal Original Petition No.7833 of 2024

O R D E RThis Criminal Original Petition has been filed seeking to quash the First Information Report in Crime No.569 of 2023 pending on the file of first respondent.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.

A Joint Compromise Memo dated 25.03.2024 signed by both parties and affidavits of petitioners and second respondent have been filed before this Court. The petitioners and second respondent were also present in person before this Court and they were identified by Mr.Kumaresan, Grade II Police Constable 858, Jolarpet Police Station [80984 61523]. In the Joint Memo of Compromise and in the affidavits, it has been stated that the petitioners and the second respondent have entered into a compromise and amicably settled their issues in Crime No.569 of 2023 pending on the file of first respondent. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

Under such circumstances, no useful purpose will be served in 2/4 https://www.mhc.tn.gov.in/judis Criminal Original Petition No.7833 of 2024keeping the case 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) and after exercising due caution as advised by the Hon'ble Supreme Court in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the First Information Report in Crime No.569 of 2023 pending on the file of first respondent.

This Criminal Original Petition stands allowed and as a sequel, the First Information Report in Crime No.569 of 2023 pending on the file of first respondent, is quashed and the terms of Joint Compromise Memo dated 25.03.2024 and the terms of affidavits shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.750/- (Rupees Seven Hundred and Fifty only) as costs, to the credit of the President, Tamil Nadu Advocate's Clerk's Association, High Court Buildings, Madras, A/c No.484026006 IFSC Code:IDIB000M157), within a period N.ANAND VENKATESH, J.3/4 https://www.mhc.tn.gov.in/judis Criminal Original Petition No.7833 of 2024gmof two (2) weeks from today and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Post this case under the caption 'for reporting compliance' on 12.04.2024. 28.03.2024Speaking Order/Non-speaking OrderIndex :Yes/NoNeutral citation: Yes/NogmTo1.The Inspector of Police, Jolarpet Police Station, Thiruppathur District. 2. The Public Prosecutor, High Court, Madras. Criminal Original Petition No.7833 of 20244/4