K.Anantha Narayanan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.11.2021

CORAM

THE HON'BLE Ms. JUSTICE R.N.MANJULA Crl.O.P.No.4515 of 2019 and Crl.M.P.No.2702 of 2019 1.K.Anantha Narayanan 2.K.Manikandan ..Petitioners/Accused 2 & 1 Vs.

1. State rep. By The Inspector of Police, CCB, Coimbatore City, Coimbatore.

.. 1st Respondent/Complainant

2. Ravichandran ..2nd Respondent/Defacto Complainant PRAYER : This Criminal Original Petition is filed under Section 482 of the Criminal Procedure Code, calling for the records in FIR dated 03.02.2019 in Crime No.5 of 2019 on the file of the 1st respondent and quash the same.

For Petitioners:

Mr.Krishna Prasad R.

For Respondents:

Mrs.G.V.Kasthuri Additional Public Prosecutor for R1 Mr.S.Saravanan for R2

O R D E R

This Criminal Original Petition has been under Section 482 Cr.P.C, to call for the records in FIR dated 03.02.2019 in Crime No.5 of 2019 on the file of the 1st respondent and quash the same.

2. The second respondent who is a defacto complainant and the petitioners have entered into a Joint Memo of Compromise that has been filed in this Court on 04.10.2021.

3. Now the learned counsel appearing for the petitioners submitted that by virtue of the said terms of compromise, the second respondent has got no objection to quash the proceedings.

4. Heard the learned counsel appearing for the petitioners and the learned counsels appearing for the respondents.

5. It is submitted by the learned counsel for the petitioner that on the very same cause of action earlier complaints have been given and they were quashed and now this complaint has been once again given, for giving criminal colour to the matter, which is civil in nature.

6. Considering the submissions of the respective learned counsels and also the terms of compromise, this petition is allowed.

7. In this result, the proceedings in FIR dated 03.02.2019 in Crime No.5 of 2019 on the file of the 1st respondent is quashed and the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar Pns To

1. State rep. By The Inspector of Police, CCB, Coimbatore City, Coimbatore.

Copy to:

The Public Prosecutor High Court, Madras.

+1cc to M/S.S.Saravanan, Advocate, S.R.No.56417 +1cc to M/s.Sarvabhauman Associates, Advocate, S.R.No.56526 Crl.O.P.No.4515 of 2019 and Crl.MP.No.2702 of 2019 RSI(CO) SU(30/11/2021)