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Madras High CourtCRL OP/5636/2017allowed

T.Kamalakannan, M/34 v. State By

2017-08-17Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :17.08.2017

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH Crl.OP No.5636 of 2017 and Crl.M.P.No.4224 of 2017 T.Kamalanathan .. Petitioner Vs.

1.State rep. By The Inspector of Police, Traffic Investigation Wing, Chrompet Police Station, Chrompet, Chennai.

2.Senthil Kumar .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to i)dispense with the production of certified copy of FIR in Cr.No.553 of 2016 on the file of the Inspector of Police, Traffic Investigation Wing, Chrompet Police Station, Chrompet, Chennai for the present; ii)grant stay of all further proceedings in Cr.No.553 of 2016 on the file of the Inspector of Police, Traffic Investigation Wing, Chrompet Police Station, Chrompet, Chennai pending disposal of the above petition and iii)call for the entire records concerned in Cr.No.553 of 2016 on the file of the Inspector of Police, Traffic Investigation Wing, Chrompet Police Station, Chrompet, Chennai and to quash the same.

For Petitioner :Mr.C.Prakasam For Respondent-1 :Mr.P.Govindarajan, APP

O R D E R

When the matter came up for hearing today, the petitioner as well as the second respondent/defacto complainant are personally present before this Court and identified themselves. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the first respondent. 3.The learned counsel for the petitioner submitted that pending proceedings in Cr.No.553 of 2016 on the file of the Inspector of Police, Traffic Investigation Wing, Chrompet Police Station, Chrompet, Chennai, the second respondent/de-facto complainant as well as the wife of the deceased Vinayagam and the petitioner have amicably settled the issue among themselves and to this effect, the de-facto complainant as well as the wife of the deceased have also filed an affidavit dated 04.04.2017 and 17.08.

2017 respectively stating that the petitioner has paid a compensation of Rs.1.5 lakhs to the wife of the deceased Vinayagam and since they are not in a position to proceed with the case, the wife of the deceased as well as the defacto complainant have no objection if the proceedings in Cr.No.

Police Station, Chrompet, Chennai is quashed. 4.Recording the submissions made by the second respondent/defacto complainant as well as the wife of the deceased Vinayagam in the affidavit filed by them dated 04.04.2017 and 17.08.2017 respectively, the entire proceedings in Cr.No.553 of 2016 on the file of the Inspector of Police, Traffic Investigation Wing, Chrompet Police Station, Chrompet, Chennai is quashed. Accordingly, the Criminal Original Petition stands allowed. Consequently, connected Miscellaneous Petition is closed. 17.08.2017 DP To 1.The Inspector of Police, Traffic Investigation Wing, Chrompet Police Station, Chrompet, Chennai.

2.The Public Prosecutor, High Court, Madras.

M.S.RAMESH.J, DP Crl.OP No.5636 of 2017 and Crl.M.P.No.4224 of 2017 17.08.2017