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Madras High CourtCRL OP/3574/2021allowed

V.Gandhimathi v. The State Rep.By

2021-03-01Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2021

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.3574 of 2021 and Crl.M.P.No.2111 of 2021 Mrs.V.Gandhimathi ... Petitioner/1st accused Vs.

1. The State Rep. By The Inspector of Police, CBCID, Metro wing, Chennai. ... Respondent/Complainant

2. Mr.N.Ashok Kumar ... Respondent/ Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records relating to the proceedings in Crime No.8 of 2018 dated 19.11.2018 on the file of CBCID, HQRS, Metro Wing, Chennai.

For Petitioner : Mr.R.Raja Mahendran For Respondent : Mr.C.Raghavan Government Advocate

ORDER

This petition has been filed seeking to quash the FIR registered in Crime No.8 of 2018, on the file of the 1st respondent.

2.

It is seen from records that based on the complaint given by the 2nd respondent, an FIR came to be registered by the 1st respondent in Crime No.8 of 2018 dated 19.11.2018 for an offence under Section 467, 468, 471, 420 and 511 of IPC. A complaint was also given before Bar Council of Tamil Nadu and Puducherry. During the pendency of the proceedings, the parties have compromised the dispute and a compromise petition was also filed before the Bar Council of Tamil Nadu. This compromise petition is found at page No.133 and 134 of the typed set of papers.

https://hcservices.ecourts.gov.in/hcservices/

3.

The Bar Council of Tamil Nadu took cognizance of the compromise petition filed by the parties and passed an order on 08.02.2020 by closing the complaint as dismissed. Pursuant to this development, the present petition has been filed before this Court seeking to quash the FIR.

4.

Taking into consideration the facts and circumstances of the case and also of the fact that the parties have already compromised the dispute among themselves and the same is reflected by the compromise petition filed before the Bar Council of Tamil Nadu and Puducherry and orders passed by the Disciplinary committee, no useful purpose will be served in continuing with the investigation in the FIR registered by the 1st respondent.

5.

In the result, the FIR in Crime No.8 of 2018 dated 19.11.2018 pending on the file of CBCID, HQRS, Metro Wing, Chennai, is hereby quashed and accordingly, this Criminal Original petition is allowed. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar RKA To

1. The Inspector of Police, CBCID, Metro wing, Chennai.

2. The Public Prosecutor, High Court of Madras, Madras.

+3cc to Mr.R.Rajamahendran, Advocate, S.R.No.12081 Crl.O.P.No.3574 of 2021 and Crl.M.P.No.2111 of 2021 PL(CO) TE(27/04/2021) https://hcservices.ecourts.gov.in/hcservices/