HIGH COURT OF JUDICATURE AT MADRAS
SONAL RANKA – Appellant
Versus
THE INSPECTOR OF POLICE – Respondent
CRL OP 15367/2019
['M/S ACHARI AND ANTONI ASSOCIATES', '', 'K S ILANGOVAN', 'PUBLIC PROSECUTOR', '', 'M/S J NARESH KUMAR', 'P RAMANATHAN', 'AFFIDAVIT FILED']
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.01.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Crl.O.P.No.15367 of 2019
Sonal Ranka
...Petitioner/1st Accused
Vs.
1. The Inspector of Police,
Saibaba Colony Police Station,
Coimbatore City,
Crime No.437 of 2018. ...1st Respondent/Complainant
2. Chetan Ranka
... 2nd Respondent/Defecto
Complainant
Prayer: This Criminal Original Petition filed under Section
482 Cr.P.C. to call for the records and quash the FIR No.437
of 2018 dated 28.05.2018 pending investigation on the file of
the first respondent police.
For Petitioner
: Mr.K.S.Ilangovan
For R1
: Mr.M.Mohamed Riyaz
Additional Public Prosecutor
Mr. J. Nareshkumar for R2
ORDER
The Criminal Original Petition has been filed to quash
the FIR in Crime No.437 of 2018, pending on the file of the 1st
respondent Police.
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.
3. The Affidavit dated 03.11.2020 has been filed by the
2nd respondent/de-facto complainant before this Court. The
petitioner and the second respondent were also present through
Video conferencing
and they were identified by the
Mrs.Chandralekha, Inspector of Police, Saibaba Colony Police
Station, Coimbatore. In order to identify the respective
parties they have also produced the copies of the Aadhaar Card
and it is made part of the record. In the affidavit, it has
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been stated that the petitioner and the second respondent have
entered into a compromise and amicably settled their issues in
Crime No.437 of 2018. This Court also enquired both the
parties 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), 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.437 of 2018, on the file of the
1st respondent Police.
5. This Criminal Original Petition stands allowed and as
a sequel, the proceedings in Crime No.437 of 2018, on the file
of the 1st respondent police, is quashed and the terms of
affidavit shall form part and parcel of this order. [ The
petitioner shall pay a sum of Rs.1000/- (Rupees One Thousand
only) as costs, to the credit of the Chief Justice Relief
Fund (payable in Accounts Section of the High Court
Registry)], within a period of one week 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]. Consequently, the connected Miscellaneous Petition
is also closed.
Sd/-
Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
rli
To
1. The Inspector of Police,
Saibaba Colony Police Station,
Coimbatore City.
2. The Public Prosecutor
High Court of Madras
Chennai – 600 104.
Copy to
3. The Section Officer,
Accounts Section,
Highcourt, Madras.
https://hcservices.ecourts.gov.in/hcservices/
4. The Section Officer,
Criminal Section,
Highcourt, Madras
+1 C.C.to Mr. Achari & Antoni Association, Sr.No.3779
Crl.O.P.No.15367 of 2019
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