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Madras High CourtCRL OP/4027/2018allowed

Sanjay Kumar, M/34 Years (A1) v. State By

2018-02-12Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.4027 of 2018 Sanjay Kumar ..Petitioner Vs

1. State rep. By The Inspector of Police, W-35, All Women Police Station Tambaram, Chennai.

2. Narmadha Devi ..Respondents Prayer:

Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in Crime No.76 of 2014 on the file of W-35, All Women Police Station, Tambaram, Chennai and quash the same against the petitioner.

For Petitioner : M/s.G.James Pandian For Respondent R1 : Mr. C.Raghavan Government Advocate(Crl. Side)-For R1 : Mrs.Narmadhadevi Ravi R2 in Person

O R D E R

The prayer sought for in the present petition is to call for the records in Crime No.76 of 2014 pending on the file of the first respondent police and quash the same.

2. It is submitted that, pending Criminal Original Petition, the petitioner and the 2nd respondent/defacto complainant have amicably resolved the dispute between themselves.

3. Both the learned counsel have identified the de-facto complainant, who is present before this Court today. In order to identify the petitioner and the defacto complainant, they have submitted the photo copies of their Identity Cards viz., Sanjay Kumar - Pass Port No.P3368942 and Narmadhadevi - Aadhar Card No.209171894917 and after verification of the original, the same are recorded.

4. Today, an Affidavit dated 12.02.2018 was also filed by the 2nd respondent/defacto complainant to the effect that she has no objection to quash the proceedings in Crime No.76 of 2014 pending on the file of the first respondent police.

5. Recording the same, the proceedings in Crime No.76 of 2014 pending on the file of the first respondent police is quashed. The Criminal Original Petition is allowed.

6. The Affidavit filed by the 2nd respondent/defacto complainant dated 12.02.2018 shall form part of the order. JOINT MEMO COMPROMISE OF DE-FACTO COMPLAINANT AND THE ACCUSED It is submitted to this Hon'ble Court that the De-Facto Complainant Ms.Narmadha Devi.R has preferred a case against the accused and has been laid by the State under Section 498-A & 506 (ii) of the Indian Penal Code.

It is further submitted that the matter has been settled and a compromise has been arrived amongst the parties wherein the De-Facto Complainant has agreed to withdraw all allegations against the Accused. The Parties have also submitted their Mutual Consent Divorce Petition in the Principal Family Court, Chennai and the same has been posted for adducing evidence on 12.02.2018.

In the above circumstances and in the interest of justice it is prayed that the above calendar case may be compounded and withdrawn by the De-facto Complainant and the court may render justice.

Dated at Chennai on the 12th day of February, 2018. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar dh

To

1. The Inspector of Police, W-35, All Women Police Station Tambaram, Chennai.

2. The Public Prosecutor High Court, Madras.

+2ccs to M/s.G.James Pandian, Advocate, S.R.No.10895 Crl.O.P.No.4027 of 2018 RJ(CO) CS/06/03/18