Sisubalan, M/A 66 Yrs, v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.6201 of 2018 1.Sisubalan 2.Gnanam .. Petitioners/Accused 2 & 3

Versus

1. The State Rep.by its Inspector of Police, Central Crime Branch, St.Thomas Mount, Chennai City, (Crime No.100 of 2005) 2.Kamakotti .. Respondents/Defacto Complainant Criminal Original Petition filed under Section 482 Cr.P.C. to call for the charge sheet in C.C.No.60 of 2009 on the file of the Judicial Magistrate No.1, Poonamallee and quash the same. For Petitioners : Mr.S.Sivakumar For Respondents : Mrs.P.Kritika Kamal - For R1 : Mrs.P.Kamakotti - party-in-person

O R D E R

The prayer sought for in the present petition is to call for the charge sheet in C.C.No.60 of 2009 on the file of the Judicial Magistrate No.1, Poonamallee 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 between themselves.

3. It is submitted by the learned counsel for the 2nd respondent/defacto complainant, that the 2nd respondent is aged about 80 years is unable to appear before this Court today. In order to identify the petitioners, they have submitted the photo copies of their Aadhar Cards viz.,1.Sisubalan - 786893534871, https://hcservices.ecourts.gov.in/hcservices/

2.Gnanam - 331850022793 and after verification of the original, the same are recorded.

4. Today, an Affidavit dated 06.03.2018 was also filed before the Commissioner of Oaths to the effect that she has no objection to quash the proceedings in C.C.No.60 of 2009 on the file of the Judicial Magistrate No.1, Poonamallee and the averment made in the affidavit hereby is recorded.

5. Recording the same, the proceedings in C.C.No.60 of 2009 on the file of the Judicial Magistrate No.1, Poonamallee is quashed. The Criminal Original Petition is allowed.

6. The Affidavit filed by the 2nd respondent/defacto complainant dated 06.03.2018 shall form part of the order. (Xerox copy of Affidavit of 2nd Respondent is Enclosed) Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar klt To

1. The Inspector of Police, Central Crime Branch, St.Thomas Mount, Chennai City,

2. The Public Prosecutor High Court, Madras.

4ccs to Mr.S.Sivakumar,Advocate, sr.17551 Crl.O.P.No.6201 of 2018 RMP(22/03/2018) https://hcservices.ecourts.gov.in/hcservices/