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Madras High CourtCRL OP/1130/2016allowed

N.Thangavelu Mudaliar v. The Inspector Of Police

2016-03-18Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2016

CORAM

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.1130 of 2016 N.Thangavelu Mudaliar ... Petitioner Vs 1.State Rep. by The Inspector of Police, Central Crime Branch Team VII, Egmore, Chennai.

2.Jayakumar 3.Khader Bai @ M.K.M.Mohammed Kasi ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking a direction to the respondent police to call for the records in F.I.R. No.205/2013 dated 29.05.2013 on the file of the Inspector of Police, Central Crime Branch, Team VII, Egmore, Chennai, the 1st respondent herein and quash the same.

For Petitioner : Mr.J.Shanmugasundara Babu For Respondents : Mr.C.Emalias Additional Public Prosecutor [R1] Mr.C.Gurulingam [R2 and R3]

O R D E R

This petition is filed to quash the proceedings in F.I.R.No.205/2013 dated 29.05.2013 on the file of the Inspector of Police, Central Crime Branch, Team VII, Egmore, Chennai.

2. The learned counsel for the petitioner would submit that he is not pressing this petition in respect of the third respondent since neither he is an accused nor the defacto complainant and he has also made an endorsement to that effect. Therefore, this petition is dismissed as not pressed in respect of the third respondent.

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3. The petitioner and the second respondent are present before this Court and when this Court made an enquiry with them, the petitioner would submit that they have already entered into a memorandum of understanding and in the said memorandum of understanding, the petitioner is agreed to withdraw his complaint, which was filed against the second respondent and he would further submit that he has no objection to quash the proceedings in F.I.R.No.205 of 2013 dated 29.05.2013 on the file of the Inspector of Police, Central Crime Branch, Team VII, Egmore, Chennai.

4. Recording the memorandum of understanding and the submission made by the petitioner, this petition is allowed and the proceedings in F.I.R.No.205/2013 dated 29.05.2013 on the file of the Inspector of Police, Central Crime Branch, Team VII, Egmore, Chennai is hereby quashed. Sd/- Asst.Registrar (AS) /true copy/ Sub Asst. Registrar vsm To

1. The Inspector of Police, Central Crime Branch Team VII, Egmore, Chennai.

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

1 cc to M/s.J. Shanmugasundara babu, Advocate, Sr. 17610 Crl.O.P.No.1130 of 2016 ALA (CO) kk 1/4 https://hcservices.ecourts.gov.in/hcservices/