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Madras High CourtCRL OP/10135/2018allowed

Jamuna F/A 60 Years, v. The State Rep By Its,

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.10135 of 2018 1.Jamuna 2.Vasanthakumar 3.Premkumar .. Petitioners

Versus

1.State rep.by The Inspector of Police, Central Crime Branch, Team - V, Chennai.

(Crime No.786 of 2007) 2.Kuppuraj .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.No.5615 of 2009 on the file of the III Metropolitan Magistrate George Town at Chennai, now transferred and pending before CBCID Court Allikulam, Chennai in C.C.No.6511 of 2016 and to quash the same.

For Petitioners : Mr.Dr.G.Krishnamurthy For Respondents : Mrs.P.Kritika Kamal - For R1 : Ms.E.Sumathi - For R2

O R D E R

The prayer sought for in the present petition is to call for the records in C.C.No.5615 of 2009 on the file of the III Metropolitan Magistrate George Town at Chennai, now transferred and pending before CBCID Court Allikulam, Chennai in C.C.No.6511 of 2016 and to quash the same.

2. It is submitted that, pending Criminal Original Petition, the petitioners and the 2nd respondent / de-facto complainant have amicably resolved the dispute between themselves. https://hcservices.ecourts.gov.in/hcservices/

3. Both the learned counsel have identified the de-facto complainant, who is present before this Court today. In order to identify the de-facto complainant, he has submitted his photo copy of the Identity Card viz., Kuppuraj - 420919730991(Adhar Card) and after verification of the original, the same is recorded.

4. Today, an Affidavit dated 28.03.2018 was also filed by the 2nd respondent / de-facto complainant to the effect that he has no objection to quash the proceedings in C.C.No.5615 of 2009 on the file of the III Metropolitan Magistrate George Town at Chennai and in C.C.No.6511 of 2016 is pending before the CBCID Court Allikulam, Chennai.

5. Recording the same, the proceedings in C.C.No.5615 of 2009 on the file of the III Metropolitan Magistrate George Town at Chennai and in C.C.No.6511 of 2016 is pending before the CBCID Court Allikulam, Chennai are quashed. The Criminal Original Petition is allowed.

6. The affidavit filed by the 2nd respondent / de-facto complainant dated 28.03.2018 shall form part of the order. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar klt To 1.The III Metropolitan Magistrate, George Town, Chennai. 2.The CBCID Court, Allikulam.

3.The Inspector of Police, Central Crime Branch, Team - V, Chennai.

4.The Public Prosecutor, High Court, Madras.

5.The Special Public Prosecutor,CBCID Cases, High Court Madras. +1cc to Mr.G.Krishnamurthy, Advocate, S.R.No.23901 Crl.O.P.No.10135 of 2018 NRI(CO) RRK(02/05/2018) https://hcservices.ecourts.gov.in/hcservices/