Nithyanandham, Aged 24 Years, v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No. 5487 of 2018 1 Nithyanandham 2 Dhanalakshmi 3 Murugesan ..Petitioners Vs

1. The State, rep. by The Inspector of Police W27, All Women Police Station, Vadapalani, Chennai-600 026

2. Shanthi ..Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records made in C.C.No. 7754 of 2017 on the file of the Metropolitan Magistrate-23, Saidapet, Chennai600 015 and quash the same. For Petitioners : Mr.N.Muthukrishnan For Respondents : Mr.C.Raghavan Government Advocate (Crl.Side) -For R1 :Mr. Shanthi - For R2 (Party-in-Person)

O R D E R

The prayer sought for in the present petition is to call for the records in C.C.No. 7754 of 2017 on the file of the Metropolitan Magistrate-23, Saidapet, Chennai-600 015 and quash the same.

2. It is submitted that, pending Criminal Original Petition, the petitioners and the 2nd respondent/defacto complainant have amicably resolved the dispute between themselves.

3. In order to identify the petitioners and the de-facto complainant, they have submitted the photo copies of their Identity Cards viz.,1.Nithyanandham - 632967853897 (Aadhar Card), 2.Dhanalakshmi - 942283993950 (Aadhar Card), 3. Murugesan - 927151195715 (Aadhar Card), and Shanthi - ZBS1114313 (Voters ID) and after verification of the original, the same are recorded.

4. Today, an Affidavit dated 15.2.2018 was also filed by the 2nd respondent/defacto complainant to the effect that he has no objection to quash the proceedings in C.C.No. 7754 of 2017 on the file of the Metropolitan Magistrate-23, Saidapet, Chennai600 015.

5. Recording the same, the proceedings in C.C.No. 7754 of 2017 pending on the file of the Metropolitan Magistrate-23, Saidapet, Chennai-600 015 is quashed. The Criminal Original Petition is allowed.

6. The Affidavit filed by the 2nd respondent/defacto complainant dated 15.02.2018 shall form part of the order. Enclosed: Xerox copy of the Affidavit filed by Shanthi. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To 1.23rd Metropolitan Magistrate, Saidapet, Chennai-600 015.

2.-do-thro' The Chief Judicial Magistrate, Egmore.

3. The Inspector of Police W27, All Women Police Station, Vadapalani, Chennai-600 026

4. The Public Prosecutor High Court, Madras.

+1cc to Mr.N.Muthukrishnan, Advocate sr.no.14159 Crl.O.P.No. 5487 of 2018 nr 26/03/2018