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Madras High CourtCRL OP/7323/2018allowed

Gokula Kannan, Aged 33 Years, v. The State Rep. By Its

2018-03-13Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH Crl.OP No.7323 of 2018 and Crl.MP.Nos.3770 & 3771 of 2018 1.Gokulakannan 2.Krishnaveni .. Petitioners

Versus

1.The State rep. By its The Inspector of Police, Sirkali Police Station, Nagapattinam District.

(Crime No.161 of 2013)

2. Thanesuwathi .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C, praying to call for the entire records pertaining to the P.R.C.No.38 of 2015 on the files of Judicial Magistrate, Sirkali and quash the same.

For Petitioners : M/s.Om Sai Ram For Respondents : Mr.C.Raghavan Government Advocate (Crl.Side) - For R1 : Mrs.G.S.Dhanalakshmi - For R2

O R D E R

The prayer sought for in the present petition is to call for the entire records pertaining to the P.R.C.No.38 of 2015 on the file of the Judicial Magistrate, Sirkali and quash the same.

2. It is submitted that, pending Criminal Original Petition, the petitioners and the 2nd respondent / de-facto complainant have amicably resolved the dispute between themselves.

3. Both the learned counsel have identified the de-facto complainant, who is present before this Court today. In order to identify the de-facto complainant, she has submitted the photo https://hcservices.ecourts.gov.in/hcservices/

copy of her Identity Card, Thanesuwathi - 673523944423 (Adhar Card) and after verification of the original, the same is recorded.

4. Today, an Affidavit dated 07.03.2018 was also filed by the 2nd respondent / de-facto complainant to the effect that she has no objection to quash the proceedings in P.R.C.No.38 of 2015, pending on the file of the Judicial Magistrate, Sirkali.

5. Recording the same, the proceedings in P.R.C.No.38 of 2015, pending on the file of the on the file of the Judicial Magistrate, Sirkali is quashed. The Criminal Original Petition is allowed.

6. The Affidavit filed by the 2nd respondent/defacto complainant dated 07.03.2018 shall form part of the order. (Xerox copy of the Affidavit is enclosed here with) Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar klt To

1. The Inspector of Police, Sirkali Police Station, Nagapattinam District.

2. The Public Prosecutor High Court, Madras.

+1cc to M/s.Om Sai Ram, Advocate, sr.18720 Crl.OP No.7323 of 2018 and Crl.MP.Nos.3770 & 3771 of 2018 RK(CO) RMP(26/03/2018) https://hcservices.ecourts.gov.in/hcservices/