Allowed

Magesh v. State Rep by the Inspector of Police

Madras HC11 Sept 2023CRL OP/29531/2022

Case brief

AI extract

What is this about?

Court allowed criminal petition to quash FIR in Crime No. 326 of 2022. Parties filed joint memorandum of compromise and were found to have amicably settled issues. FIR quashed under Section 482 Cr.P.C. following Supreme Court guidelines. Petitioners ordered to pay ₹500 each.

What did the court decide?

FIR in Crime No. 326 of 2022 quashed; terms of Joint Compromise Memo made part of order; petitioners to pay ₹500 each to Advocates Clerk Association.

Magesh Vs State Rep by the Inspector of Police — Quashing and FIR | Madras HC (2023)

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Crl.O.P No.29531 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.09.2023

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CORAM

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THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

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Crl.O.P No.29531 of 2022

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1.Magesh 2.Sathish Kumar

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3.Vinoth Petitioners

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vs.

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1.State Rep by The Inspector of Police, B-7, Vellavedu Police Station, Thiruvallur District.

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2.Thirunavukarasu

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Respondents

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PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in connection with the FIR No.326 of 2022 on the file of the Inspector of Police, B-7, Vellavedu Police Station, Thirumazhisai, Thiruvallur District and quash the same.

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For Petitioners : M/s. V.Jayachandran For Respondent 1 :Mr. A. Gopinath, Government Advocate

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Crl.O.P No.29531 of 2022

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ORDER

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The Criminal Original Petition has been filed to quash the FIR in

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Crime No. 326 of 2022 , pending on the file of the 1^st respondent.

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The case is still at the stage of investigation. The parties have

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decided to bury their hatchet and compromise the dispute amicably among themselves.

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The Joint Memo of Compromise has been filed before this Court which have been signed by the petitioners and the defacto complainant and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court and they were identified by Mr.M.Arumugam, Special Sub Inspector, B7, Vellavedu Police Station, Thiruvallur District. In the joint compromise memo, it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.326 of 2022. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

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Crl.O.P No.29531 of 2022

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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), and after exercising due caution as advised by the Hon'ble Suprme 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.326 of 2022, on the file of the 1^st respondent Police.

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This Criminal Original Petition stands allowed and as a sequel,

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the proceedings in Crime No.326 of 2022, on the file of the 1^st respondent police, is quashed and the terms of Joint Compromise Memo shall form part and parcel of this order. The petitioners shall pay a sum of Rs.500/(Rupees five hundred only) each as costs, to the credit of the President,

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Pollachi Advocates Clerk Association, Pollachi (Union Bank of India, A/c.No.121310100055113, IFSC Code:ANDB1213) within a period of

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one week from the date of receipt of a copy of this order and file a

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Crl.O.P No.29531 of 2022

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photocopy of the receipt along with a memo reporting compliance in the Registry.

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6. Post this case under the caption for reporting compliance on