Ranjith Kumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:22.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.O.P.No.11981 of 2016 1.Ranjith Kumar 2.Senbagapandian 3.Thangaiyan 4.Kurinji Selvan 5.Pon Pandian 6.Rakesh

...Petitioners

Vs.

1.State rep. By The Inspector of Police, Sri Mushnam Police Station, Sri Mushnam, Kattumannarkoil Taluk, Cuddalore District.

(Crime No.10 of 2015) 2.Jayalakshmi

...Respondents

Prayer:- Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure to quash the FIR in Crime No.10 of 2015 on the file of the Inspector of Police, Sri Mushnam Police Station (1st respondent).

For Petitioners :Mr.G.Anabayachozhan For Respondent :Mr.C.Emalias No.1.

Additional Public Prosecutor For Respondent :Mr.J.Jayendrakrishnan No.2.

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.10 of 2015 on the file of the first respondent.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the first respondent.

3. On the complaint lodged by one Jayalakshmi (R2), the first respondent police have registered a case in Crime No.10/2015 on 19.01.2015 for offences under Sections 147, 294 (b) & 506(ii) IPC against the petitioners herein, challenging which, the petitioners are before this Court for quashing the FIR on the ground that the parties have arrived at an amicable settlement.

4. Mr.K.Dhanasekaran, first respondent/Sub-Inspector of Police, Sri Mushnam Police Station, Sri Mushnam, Kattumannarkoil Taluk, Cuddalore District, is present before this Court and he identified the defacto complainant.

5. Today, Mrs.Jayalakshmi, second respondent / defacto complainant is present before this Court and she has filed an affidavit dated 22.06.2016, wherein, it is stated as follows: "2. I submit that on 19.01.2015 in the event of Pongal festival some wordy quarrel arose hence I had lodged a complaint against the petitioners, the case was registered by the 1st respondent in Crime No.10 of 2015 for the offence under Sections 147, 294(b) & 506(ii) of IPC.

3. I submit that we are belongs to same village after the above incident there is no such problem arose we are living peacefully and cordially. Hence, I don't want pursue the criminal case against the petitioners, hence the above case in Crime No.10 of 2015 may be quashed, I have No objection.

It is therefore prayed that this Hon'ble Court may be pleased to Quash the FIR in Crime No.10 of 2015 on the file of the 1st respondent for which I am not having any objection at all and pass such further or other orders as this Hon'ble Court may deed fit and proper and thus render justice. "

6. The learned Additional Public Prosecutor submitted that the investigation in Crime No.10 of 2015 has been completed and final report has been filed before the learned Judicial Magistrate No. II, Virudhachalam, in C.C.No.86 of 2016.

In view of the compromise arrived at between the parties as stated above, the prosecution in C.C.No.86 of 2016 in Crime No.10/15 is hereby quashed as against the accused.

In the result, the criminal original petition is closed.

sms Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Inspector of Police, Sri Mushnam Police Station, Sri Mushnam, Kattumannarkoil Taluk, Cuddalore District.

2. The Judicial Magistrate No.II, Vridhachalam, Cuddalore District.

3. -do- thro'The Chief Judicial Magistrate, Cuddalore District.

4. The Public Prosecutor, High Court, Madras. + 1 cc to Mr.G.Anabayachozhan, Advocate Sr 35121 KR/4/7/16 CRL.O.P.No.11981 of 2016