Nithyanandham 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. 5495 of 2018 1 Nithyanandham 2 Mohan 3 Murugesan 4 Vengtesan 5 Dhanalakshmi 6 Thilagavathi 7 Saroja @ Jayapushpa ..Petitioners Vs

1. The State, rep. by The Inspector of Police Avadi Police Station Ambattur.

(Cr.No.60/2018)

2. Thirukumaran ..Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records made in Crime No. 60 of 2018 dated 26.01.2018 pending on the file of the first respondent police and quash the same.

For Petitioners : Mr.N.Muthukrishnan For Respondents : Mr.C.Raghavan Government Advocate (Crl.Side) -For R1 : Mr. Thirukumaran - 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 Crime No. 60 of 2018 pending on the file of the first respondent police 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. Mohan - 743209433404 (Aadhar Card), 3. Murugesan - 927151195715 (Aadhar Card), 4. Venkatesan - 339292290037 (Aadhar Card), 5. Dhanalakshmi - 942283993950 (Aadhar Card), 6. Thilagavathi - 674252358121 (Aadhar Card)

7. Saroja @ Jayapushpa - 396723325668 (Aadhar Card) and Thirukumaran - UXV1886126 (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 Crime No. 60 of 2018 pending on the file of the first respondent police.

5. Recording the same, the proceedings in Crime No. 60 of 2018 pending on the file of the first respondent police 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. Xerox Copy of Affidavit filed by Thirukumaran Attached. Sd/- Assistant Registrar(CS II) //True copy// Sub Assistant Registrar rpl To

1. The Inspector of Police Avadi Police Station Ambattur.

2. The Public Prosecutor High Court, Madras.

+1cc to Mr.N.Muthukrishnan, Advocate SR.No.14160 Crl.O.P.No. 5495 of 2018 VP(CO) GN(16/03/2018)