K.Murugesan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.13778 of 2015 1.K.Murugesan 2.P.Periasamy ... Petitioners/Accused 1 and 2 Vs 1.State rep. by The Inspector of Police, District Crime Branch, Salem, Salem District.

2.P.Ravishankar ... 1st Respondent/2nd Respondents/ Defacto Complainant.

Criminal Original Petition filed under Section 482 of Cr.P.C., praying to accept the compromise and quash the proceedings pending against the petitioner in Crime No.7 of 2015 on the file of the 1st respondent.

For Petitioners : Mr.H.Rajasekar For Respondents : Mr.C.Emalias, Addl. Public Prosecutor [for R1] Mr.S.Ganesh Kumar [for R2]

O R D E R

This Criminal Original Petition has been filed praying to accept the compromise and quash the proceedings in Crime No.7 of 2015 on the file of the 1st respondent.

2. On a complaint given by one P.Ravishankar, the respondent police registered a case in Crime No.7 of 2015 for the offences under Section 468, 471 and 506[i] IPC against K.Murugesan [A1] and P.Periasamy [A2].

3. Now, this petition has been filed for quashing the FIR on the ground that the defacto complainant and the petitioners/accused have arrived at an amicable settlement. Today, K.Murugesan [A1], P.Periasamy [A2] and the defacto complainant are present before this Court. The defacto complainant has filed an affidavit, wherein, in paragraph No.2 to 4, it is stated as follows: https://hcservices.ecourts.gov.in/hcservices/

" ... 2. I submit that on the intervention of friends and well wishers myself and petitioners herein entered into a compromise to resolve all disputes regarding the partnership amicably and thereby I had given a letter to the 1st respondent on 01.06.2015 intimating the compromise aroused between me and the petitioners and sort for withdrawing my complaint Crime No.07 of 2015 but the 1st respondent is keeping the FIR pending for obvious reasons and therefore we have decided to move this Honourable Court for remedy.

3. I submit that the petitioner has also sworn a separate affidavit herein, reporting the compromise and seeking quash of the proceedings in Crime No.07 of 2015 on the file of the 1st respondent.

4. I submit that prima facie the issue was civil in nature, nevertheless the issue has been amicably settled between me and the petitioners and therefore the pendency of the case against the petitioners would not serve any useful purpose."

4. In view of the above, the proceedings in Crime No.7 of 2015 pending on the file of the Inspector of Police, District Crime Branch, Salem is hereby quashed.

gya s/d- Assistant Registrar( V ) True Copy Sub-Assistant Registrar To 1.The Inspector of Police, District Crime Branch, Salem, Salem District.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.H.Rajasekar, Advocate SR 27651 scd(co) prk23/6 Crl.O.P.Nos.13778 of 2015 https://hcservices.ecourts.gov.in/hcservices/