Madras High CourtCRL OP/10053/2018allowed

S.Kadhirvelu, Aged 45 Years v. State By

2018-03-28Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No. 10053 of 2018 1.S.Kadhirvelu 2.Nagappan ..Petitioners Vs

1. The State rep. by The Inspector of Police, W-9, All Women Police Station, Villivakkam, Chennai-600 049.

2. G.Priya ..Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records and quash the criminal proceedings against the petitioners in C.C. No. 7228 of 2014 on the file of the X Metropolitan Magistrate, Allikulam, Egmore, Chennai.

For Petitioners : Mr.R.Rajasekaran For Respondents : Mrs.Kritika Kamal.P Government Advocate (Crl.Side) - R1 Mr.G.Suresh - R2

O R D E R

The prayer sought for in the present petition is to call for the records and quash the criminal proceedings against the petitioners in C.C. No. 7228 of 2014 on the file of the learned X Metropolitan Magistrate, Allikulam, Egmore, Chennai.

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

3. In order to identify, the de-facto complainant and the first petitioner have submitted photo copy of their Aadhar Card viz., 1.Kathirvelu - 979256132583 and 2.Priya - 450065170730 and after verification of the originals, the same are recorded.

4. The de-facto complainant as well as the petitioners are personally present before this Court and also have been identified. An affidavit of the de-facto complainant dated 28.03.2018 is also filed to the effect that the de-facto complainant has no objection, if the present Criminal Original https://hcservices.ecourts.gov.in/hcservices/

Petition is allowed.

5. Recording the same, the proceedings in C.C.No. 7228 of 2014 pending on the file of the learned X Metropolitan Magistrate, Allikulam, Egmore, Chennai is quashed. The Criminal Original Petition is allowed.

6. The Affidavit filed by the 2nd respondent/de-facto complainant dated 23.03.2018 shall form part of the order. Encl:Xerox copy of Affidavit Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ak To 1.The Inspector of Police, W-9, All Women Police Station, Villivakkam, Chennai-600 049.

2.The Public Prosecutor, High Court, Madras.

3.The X Metropolitan Magistrate Allikulam, Egmore, Chennai +3cc to Mr.R.Rajasekaran, Advocate Sr.No.24349 BR(CO) sm:26.4.2018 Crl.O.P.No. 10053 of 2018 https://hcservices.ecourts.gov.in/hcservices/