Mrs.Rajalakshmi, Aged 60 Years v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.09.2020

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.7042 of 2018 and Crl.M.P.No.3649 of 2018 1.Rajalakshmi, W/o.N.Balasubramanian 2.Roopa, D/o.N.Balasubramanian ... Petitioners/Accused 1 & 2

Versus

1.The State represented by The Inspector of Police, Dharapuram Police Station, Tiruppur.

2.The Enforcement Officer, Employees Provident Fund Organisation, No.21, Income Tax Office Building, Gandhiji Road, Eorde - 638 001.

... Respondents/Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records and quash the complaint in Crime No.48 of 2018, pending investigation on the file of the Respondent Police. For Petitioners: Mr.T.Saikrishnan For R1 : Mr.K.Prabakar Additional Public Prosecutor For R2 : Mr.R.Thirunavukarasu Standing Counsel

O R D E R

The petitioners, who are the accused in Crime No.48 of 2018, have filed this quash petition.

2. The learned Standing Counsel for the second respondent admitted the contention made in paragraph 5 of the petition the second respondent has no objection in quashing the Crime No.48 of 2018 since the petitioners has paid the amount. For the sake https://hcservices.ecourts.gov.in/hcservices/

of clarity paragraph 5 of the quash petition is extract hereunder:

"The petitioners state that on 22.12.2017, the petitioners had paid a sum of Rs.2,50,000/- vide D.D.No.703361 and also submitted a schedule of payment for making payments of the balance amount including the employers contribution.

On 30.12.2017, the petitioners paid another sum of Rs.2,50,000/- by way of D.D.No.703366 of RBL Bank, Avinashi. On 18.01.2018, the petitioners have remitted a sum of Rs.2,50,000/- by way of D.D.No.703370 drawn on RBL Bank. On 24.01.2018, the petitioners have remitted a sum of Rs.2,71,474/- by way of D.D.No.703377 issued by RBL Bank and thus they have paid the entire due amount of Rs.10,21,474/-. The receipt of the above payments were acknowledged by the Office of the second respondent."

Recording the submissions made by the learned counsel for the second respondent, this Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rst To:

1.The Inspector of Police, Dharapuram Police Station, Tiruppur.

2.The Enforcement Officer, Employees Provident Fund Organisation, No.21, Income Tax Office Building, Gandhiji Road, Eorde - 638 001.

3. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.7042 of 2018 and Crl.M.P.No.3649 of 2018 RJI(CO) GN(20/10/2020) https://hcservices.ecourts.gov.in/hcservices/