Madras High Court
E.Rajaraman vs The Deputy Superintendent Of Police on 22 August, 2022
Author: N. Sathish Kumar
Bench: N.Sathish Kumar
Crl.O.P.No.5274 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.08.2022
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Crl.O.P.No.5274 of 2022
and
Crl.M.P.No.2852 of 2022
1.E.Rajaraman
2. E.Rajarathinam ... Petitioners
Vs.
1. The Deputy Superintendent of Police
Crime Branch CID, Metro (Wing-II)
No.24, Pantheon Road,
Egmore, Chennai – 600 008
2. Prabhu Palraj ... Respondents
Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C.
Praying, to call for the records in Crime No.8 of 2020 under Sections 120(b),
406, 420 of IPC pending on the file of the Deputy Superintendent of Police,
Crime Branch CID, Metro (Wing-II), the 1st respondent herein and quash the
same insofar as it relates these petitioners are concerned.
For Petitioners : Mr.G.V.Sridharan
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor for R1
R2 appeared in person
1/4
https://www.mhc.tn.gov.in/judis
Crl.O.P.No.5274 of 2022
ORDER
This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.8 of 2020 registered for the offences under Sections 120(b), 406, 420 of IPC pending on the file of the Deputy Superintendent of Police, Crime Branch CID, Metro (Wing-II), the 1st respondent herein.
2.The case is at the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.
3. Today the 2nd respondent/defacto complainant appeared in person before this Court to compromise the dispute and he was identified by Mr.D.Purushothaman, Deputy Superintendent of Police, CBCID, Metro Wing, Egmore, Chennai-8. Further, the Deputy Superintendent of Police has filed a counter dated 22.08.2022 wherein it is stated that “the accused have compromised mutually and the accused has settled the entire loss amount of Rs.85,00,000/- (Eighty Five lakhs only) to the complainant and both the parties duly signed in the Joint Compromise Memo on 11.01.2021. Also, the complainant gave it in writings that not to take any action against the accused on his complaint. Meanwhile, the DRO, Chengalpet issued an order dated 14.12.2020 stating that the above said land originally belongs to the legalheirs of 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5274 of 2022 late Damodharan”. This Court also enquired the 2nd respondent/defacto complainant 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.8 of 2020.
5.Accordingly, this Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.8 of 2020 pending on the file of the Deputy Superintendent of Police, Crime Branch CID, Metro (Wing-II), Egmore, Chennai-600 008, is quashed. Consequently, connected Miscellaneous Petition is closed.
22.08.2022 Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No ksa-2 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.5274 of 2022 N. SATHISH KUMAR,J.
Ksa-2 To
1. The Deputy Superintendent of Police Crime Branch CID, Metro (Wing-II) No.24, Pantheon Road, Egmore, Chennai – 600 008
2.The Public Prosecutor, High Court, Madras.
Crl.O.P.No.5274 of 2022
and Crl.M.P.No.2852 of 2022 22.08.2022 4/4 https://www.mhc.tn.gov.in/judis