Allowed

Sathishkumar @ Naveen v. Inspector of Police

Madras HC17 Aug 2023CRL OP/7047/2023

Case brief

AI extract

What is this about?

The Madras High Court, exercising its inherent jurisdiction under Section 482 Cr.P.C., quashed the FIR in Crime No.658 of 2020. The case was at the investigation stage, and both parties entered into an amicable settlement. Relying on Supreme Court guidelines, the Court held no useful purpose would be served in keeping the FIR pending.

What did the court decide?

Quashing of First Information Report in Crime No.658 of 2020; Petition allowed; Costs of Rs.500/- directed to be deposited.

Sathishkumar @ Naveen Vs Inspector of Police — Quashing and FIR | Madras HC (2023)

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Crl.O.P.No.7047 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 17.08.2023

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CORAM

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THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

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Crl.O.P No.7047 of 2023

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1.Sathishkumar @ Naveen 2.Dineshkumar

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3.Viswanath Settu 4.A.Arun 5.Ranjith 6.Barathkumar @ Barath 7.Tamilarasan

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...Petitioners

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vs.

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1.The State Rep. by The Inspector of Police, Vellore Taluk Police Station, Vellore District. Crime No.658/2020

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2.Jeyaseelan

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...Respondent

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PRAYER:

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Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records relating to Crime No.658 of 2020 pending before the 1^st respondent and quash the same.

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https://www.mhc.tn.gov.in/judis

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Page No.1/5

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Crl.O.P.No.7047 of 2023

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For Petitioners : Mr.T.Meganathan For Respondents : Mr.A.Damodaran, Additional Public Prosecutor, for R1

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Mr.D.Lakshmipathy for R2

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ORDER

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The Criminal Original Petition has been filed to quash the FIR in Crime No.658 of 2020, 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 decided

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

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The Joint Memo of Compromise and the affidavit of the second respondent have been filed before this Court which have been signed by the petitioners and the second respondent and also by their respective counsel. The petitioners and the second respondent were also present in person before this Court. 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.658 of 2020. This Court also enquired both the parties and

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https://www.mhc.tn.gov.in/judis Page No.2/5

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Crl.O.P.No.7047 of 2023

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was satisfied that the parties have come to an amicable settlement between themselves.

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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.658 of 2020, on the file of the 1^st respondent Police.

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This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.658 of 2020, on the file of the 1^st respondent police, 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.500/- (Rupees Five Hundred only) as costs, to the credit of the President, Tamil Nadu Advocates Clerk Association, Madras High Court, Chennai (Indian Bank, High Court Branch, A/c

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No.484026006, IFSC Code:IDIB000M157) , within a period of one week Page No.3/5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.7047 of 2023

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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.

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17.08.2023

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Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order nsa