P.Prabhudoss@Dhinakaran v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.01.2018
CORAM
THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No. 814 of 2018 1.P.Prabhudoss @ Dhinakaran 2.Uma 3.Samanthi 4.Stella 5.Geetha 6.Tamil Selvi ..Petitioners/Accused Vs
1. The Inspector of Police, All Women Police Station Gummudipoondi, Thiruvallur District.
2. Tamil Selvi ..Respondents/Defactor Complainant Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in Crime No. 5 of 2014 pending on the file of the first respondent police and quash the same. For Petitioner : Mr.B.Devakumar For Respondents : Mrs.Kritika Kamal.P Government Advocate (Crl.Side) -For R1 : Mrs.Tamil Selvi - For R2 (Party-in-Person)
O R D E R
The prayer sought for in the present petition is to call for the records in Crime No. 05 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 petitioners and the 2nd respondent/defacto complainant have amicably resolved the dispute among themselves.
3. Both the learned counsel have identified the de-facto complainant, who is present before this Court today. In order to identify the petitioners and the de-facto complainant, they have submitted the photo copies of their Aadhar Cards viz.,1.Prabudoss - 770555327616, 2.Uma - 341904509116, 3.Samanthi - 673706815985, 4.Geetha - 284938729000 and 5.Tamil Selvi - 414311133375 and after verification of the original, the same are recorded.
4. Today, an Affidavit dated 05.12.2017 was also filed by the 2nd respondent/defacto complainant to the effect that she has no objection to quash the proceedings in Crime No. 5 of 2014 pending on the file of the first respondent police.
5. Recording the same, the proceedings in Crime No. 05 of 2014 pending on the file of the first respondent police is quashed. The Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petition is closed.
6. The Affidavit filed by the 2nd respondent/defacto complainant dated 05.12.2017 shall form part of the order. AFFIDAVIT OF TAMILSELVI I, Tamil Selvi, D/o.Arul (late), aged about 25 years, residing at A.N.Kuppam Village, Gummudipoondi Taluk,Thiruvallur District, do hereby solemnly affirm and sincerely state as follows:-
1) I am the De-facto Complainant in the above matter, As such, I know the facts and circumstances of the case.
2) I Preferred a complaint against the petitioner herein on 10.06.2014 pursuant to the rape done by the first petitioner and the same was registered by the first respondent police as a case in Crime No.5 of 2014 under ections 376, 417 and 506 (i) of IPC. Subsequently, on 11-12-2017 the first petitioner married me at Registrar Office, we have settled the matter and I have decided to give up my complaint against the petitioners. II do not wish to prosecute the above criminal complaint against the petitioners any more. I have no objection for the First Information Report, in Crime No. 5 of 2014 on the file of the first respondent Police, being quashed by this Hon'ble Court. Solemnly affirmed at Chennai on this the 5th day of December 2018 and signed Sd/- her name in my presence.
Before Me Devanathan Advocate Chennai.
Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar ak
To
1. The Inspector of Police, All Women Police Station Gummudipoondi, Thiruvallur District.
2. The Public Prosecutor High Court, Madras.
+1cc to Mr.B.Deva Kumar, Advocate SR.No.7203 Crl.O.P.No. 814 of 2018 CNR(CO) GN(02/02/2018)