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Madras High CourtCRL OP/6440/2018allowed

Suresh, Aged 26 Years, v. State Rep. By

2018-03-07Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.6440 of 2018 and Crl.MP.No.3283 of 2018 1.Suresh 2.Ramesh 3.Elavarasan .. Petitioners

Versus

1.State rep.by The Inspector of Police, Mangalamedu Police Station, Perambalur District.

(Crime No.340 of 2014) 2.Ramesh .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to call for the entire records leading to the filing of the complaint in S.C.No.7 of 2017 on the file of the Principal District and Sessions Judge, Perambalur and quash the same. For Petitioners: Mr.M.Shankar For Respondents: Mrs.P.Kritika Kamal - For R1 : M/s.Hasina - party-in-person - For R2

O R D E R

The prayer sought for in the present petition is to call for the entire records leading to the filing of the complaint in S.C.No.7 of 2017 on the file of the Principal District and Sessions Judge, Perambalur 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 first petitioner and the de-facto complainant, they have submitted the photo copies of their Identity Cards viz.,1.C.Suresh - 966109157795 (Adhar Card) and 2. R.Ramesh - 564252194180 (Adhar Card) and after verification of the original, the same are recorded.

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4. Today, an Affidavit dated 07.03.2018 was also filed by the 2nd respondent / de-facto complainant to the effect that he has no objection to quash the proceedings in S.C.No.7 of 2017 on the file of the Principal District and Sessions Judge, Perambalur.

5. Recording the same, the proceedings in S.C.No.7 of 2017, pending on the file of the Principal District and Sessions Judge, Perambalur is quashed. The Criminal Original Petition is allowed.

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

1. The Inspector of Police, Mangalamedu Police Station, Perambalur District.

2. The Public Prosecutor High Court, Madras.

+1 CC TO MR.Sankar, Advocate SR. No.17565 Crl.O.P.No.6440 of 2018 RK(CO) RMP(26/03/2018) https://hcservices.ecourts.gov.in/hcservices/