Madras High CourtCRL OP/12000/2016dismissed

G.Karthikeyan v. The State Rep By

2016-06-29Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.12000 of 2016 and M.P.No.6160/2016 1.G.Karthikeyan 2.V.Suresh @ Kothandam ..Petitioners Vs The State rep by 1.The Inspector of Police (Crime) C-3, Sevenwells Police Station Chennai 600 079.

2.J.Pradeep Kumar .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to quash the FIR registered in Cr.No.152/2016 on the file of the Inspector of Police-C3 (Crime) in respect of the petitioners alone.

For Petitioners :

Mr.Malarvanan For R1 :

Mr.C.Emalias, Addl.Public Prosecutor For R2 :

Mr.N.Sivakarthik

O R D E R

This quash application has been filed on the ground that the accused 2 and 3 have entered into a compromise with the de facto complainant/second respondent. On the complaint lodged by the second respondent, the first respondent police registered a case in Cr.No.152/2016 against (1) Vinoth Kumar (2) Karthikeyan and (3) Kothandaraman. The crux of the allegation in the FIR is that Vinoth Kumar had issued a fake Insurance Certificate in respect of the vehicle owned by the de faco complainant, which came to light only when an accident took place on 14.01.2016. In a case of this nature, it is not permissible for this Court to quash the prosecution against two of the accused on the ground that they have entered into a compromise with the de https://hcservices.ecourts.gov.in/hcservices/

facto complainant.

However, if during the course of investigation if it is found that the petitioners herein, namely Karthikeyan and Kothandaraman are innocent, it is needless to state that they should be excluded in the Final Report. With the above direction, this petition is dismissed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Inspector of Police (Crime) C-3, Sevenwells Police Station Chennai 600 079.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Ganesan, Advocate Sr.36561 Crl.OP No.12000 of 2016 Rp[co] srg 22/07/2016 https://hcservices.ecourts.gov.in/hcservices/