Madras High CourtCRL OP/11019/2015disposed of

R.Umachander v. State Rep. By Its

2015-04-29Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.11019 of 2015 R.Umachander [ PETITIONER ] Vs

1. State Rep by its Inspector of Police, K-1, Sembium Police Station, Chennai.

2. S.Srinivasan [ RESPONDENTS ] Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the charge sheet C.C.No.634 of 2015 for the offence punishable u/s.341, 324 & 506 (ii) of IPC on the file of the Learned V Metropolitan Magistrate, Egmore, Chennai - 8 and quash the same.

For Petitioner :Mr.J. Balamurugan For Respondents :Mr.C.Emalias, Additional Public Prosecutor (R1)

ORDER

This Criminal Original Petition is filed to call for the records relating to the charge sheet in C.C.No.634 of 2015 for the offences punishable under section 341, 324 & 506 (ii) of IPC on the file of the learned V Metropolitan Magistrate, Egmore, Chennai - 8 and to quash the same.

2. I have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police and I have also perused the records carefully.

3. It is seen that on a complaint lodged by S.Srinivasan, the respondent police registered a case in Crime No.2017 of 2014 for the offences punishable under sections 341, 324 and 506(ii) of I.P.C against Umachander and after completing the investigation, the police filed a final report which was taken on file in C.C.No.634 of 2015 by the learned V Metropolitan Magistrate, Egmore, Chennai 600 008 for the said offences. Now, both the parties being neighbours seem to have arrived at an amicable https://hcservices.ecourts.gov.in/hcservices/

settlement and they are coming forward to quash the prosecution.

4. Today, Umachander and Srinivasan are present before this Court and Srinivasan, the defacto complainant in C.C.No.634 of 2005 has filed an affidavit wherein it is stated as follows:- "I submit that subsequently the petitioner and my sister's family members being neighbourhoods arrived at amicable settlement of all the disputes between them including withdrawing of all the complaints preferred by both against each other. Hence, I would also like to withdraw my complaint dated 26.08.2014 on the file of the 1st respondent police against the petitioner name above in Crime No.2017 of 2014 and consequently the case in C.C.No.634 of 2015 pending on the file of the Learned V Metropolitan Magistrate, Egmore, Chennai - 8. Hence, I have no objection to quash the C.C.No.634 of 2015 against the petitioner pending on the file of the Learned V Metropolitan Magistrate, Egmore, Chennai - 8."

5. Recording the same, the prosecution in C.C.No.634 of 2015 on the file of the Learned V Metropolitan Magistrate, Egmore, Chennai - 8 as against the petitioner is quashed. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rg /srn To

1. The Inspector of Police, K-1, Sembium Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

1 cc to Mr.J. Balamurugan ,Advocate, SR.No.24084 Crl.OP No.11019 of 2015 pa(co)pmk.18.5.2015 https://hcservices.ecourts.gov.in/hcservices/