Back
2023 Supreme(Mad) 460
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. CHANDRASEKHARAN, J.
Sanjay Meena & Ors. - Petitioners
Versus
The State, Rep. by Inspector of Police, Maraimalai Nagar Police Station & Ors. - Respondents
Crl.O.P.Nos.14519 & 14521 of 2022 and Crl.M.P.Nos.7985 & 7987 of 2022
Decided On : 09-01-2023
For the Petitioner: Mr. Adithya Reddy.
For the Respondents:Mr. S. Santhosh, Government Advocate (Crl. Side), Mr. V. Venkatesan.
Headnote:
Criminal Procedure Code, 1973 - Section 482 - Quashes First Information Report - Settlement agreement - Proceedings in Crime - Criminal Original Petitions - Criminal Original Petitions filed under Section 482 Cr.P.C. praying to call for records relating to FIR registered in Crime on file of respondent police and quash same - Held, Considering facts that parties have amicably settled issue between them, second respondent does not want to prosecute case against petitioners and that he has no objection for quashment of proceedings, no useful purpose will be served in keeping First Information Report pending - In light of guidelines given by Hon'ble Supreme Court reported Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes First Information Report in Crime - Petitions allowed.
ORDER :
COMMON PRAYER: Criminal Original Petitions filed under Section 482 Cr.P.C. praying to call for the records relating to the FIR registered in Crime No.216 of 2022 on the file of the respondent police and quash the same.
These Criminal Original Petitions are filed to call for the records relating to the FIR registered in Crime No.216 of 2022, on the file of the respondent police and quash the same.
2. When the matter is taken up, it is submitted by the learned counsel appearing for the petitioners and the second respondent that this matter was referred to Mediation by this Court on 25.08.2022. All the parties have reached an amicable settlement as per the settlement agreement entered into between the parties.
3. This Court, on going through the Mediation report, finds that the Mediation has been completed and settlement agreement is also enclosed. Petitioners filed C.S.No.74 of 2022 before this Court for recovery of a sum of Rs.1,67,24,504/- Subsequently, second respondent gave a complaint and that was registered in Crime No.216 of 2022. In the settlement reached between the parties, the second respondent agreed to pay a sum of Rs.1,40,50,000/- to the Collegedunia Web Pvt Ltd, represented by Sanjay Meena. Petitioners agreed to withdraw the civil suit in C.S.No.74 of 2022 and the second respondent agreed to with draw the criminal case in Crime No. 216 of 2022 against the petitioners.
4. Both parties are present today before this Court. When enquired by this Court, the second respondent represented by its Director reiterated that in view of the settlement reached in the Mediation, he does not want to proceed further in this case and he has no objection for quashing the criminal case. In this regard, he has also filed a consent affidavit.
5. Considering the facts that the parties have amicably settled the issue between them, the second respondent does not want to prosecute the case against the petitioners and that he has no objection for quashment of proceedings, no useful purpose will be served in keeping the First Information Report pending.
6. 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 Gujarat), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., quashes the First Information Report in Crime No.216 of 2022.
7. Accordingly, these Criminal Original Petitions stand allowed and as a sequel, the proceedings in Crime No.216 of 2022, on the file of the first respondent police is quashed. The settlement agreement and the consent affidavit shall form part and parcel of this order. Consequently, connected miscellaneous petitions are also closed.
