Sasikumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.9.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH & Crl.M.P.No.3333 of 2022 1.Sasikumar 2.Govindarajan 3.Durairaj 4.Arumugam

...Petitioners

Vs.

1.The Inspector of Police, Bhuvanagiri Police Station, Cuddalore District.

(Crime No.102/2022) 2.Annadurai

...Respondents

Criminal Original Petition under Section 482 of the Criminal Procedure Code praying to call for the records pertaining to a case in Crime No.102 of 2022 on the file of the first respondent. For Petitioner : Mr.A.C.Narasimhan For Respondent-1 : Mr.A.Gopinath Government Advocate (Crl. Side) For Respondent 2 : M/s.P.Rathanavel & C.Mariappan 1/6

ORDER

This petition has been filed to quash the FIR in crime No.102 of 2022 pending investigation on the file of the first respondent.

2. When the matter was came up for hearing on 17.03.2022, this Court passed the following orders:

" Mr.A.Gokulakrishnan, the learned Additional Public Prosecutor takes notice for the first respondent. The learned counsel for the petitioners is directed to take private notice for the second respondent.

2. The learned counsel for the petitioners would submit that the petitioners and the defacto complainant are relatives. Due to family dispute, a counter case has been registered. He would further submit that there is a likelihood of settlement between the petitioners and the defacto complainant.

3. The learned Additional Public Prosecutor for the first respondent would submit that it is a case in 2/6

counter. He would submit that Crime No.102 of 2022 has been registered against the petitioners based on the complaint given by one Annadurai/ defacto complainant. Thereafter, a counter case has been registered in Crime No.103 of 2022 based on the complaint given by Jeevitha/wife of the defacto complainant.

4. Post the matter on 21.03.2022. In the meanwhile, the respondent shall continue with the investigation in Crime Nos.102, 103 and 213 of 2022 and the final report in all three cases shall not be filed."

3. The dispute seems to be between the family members and the second respondent/defacto complainant in Crime No.102 of 2022 was present before this Court and he stated that the matter has been compromised and that, he is not interested in prosecuting the case any further. Similarly, the defacto complainant in Crime No.103/2022 viz., Jeevitha was also present before this Court and she also stated that the matter has been settled and that, she no longer willing to prosecute the case. 3/6

4. Taking into consideration the nature of dispute between the parties and the alleged offence that is said to have been committed and also considering the fact that the parties have compromised the dispute with each other, this Court is inclined to quash the FIR in Crime Nos.102 and 103 of 2022 pending before the first respondent.

5. Accordingly, both the FIR in Crime No.102 and 103 of 2022 stand quashed and this Criminal Original Petition stands allowed. Consequently, connected miscellaneous petition is closed.

11.9.2023 nl Index : Yes/No Speaking order:Yes/No 4/6

To 1.The Inspector of Police, Bhuvanagiri Police Station, Cuddalore District.

2.The Public Prosecutor, Madras High Court.

5/6

N.ANAND VENKATESH,J nl Crl.O.P.No.5995 of 2022 & Crl.M.P.No.3333 of 2022 11.9.2023 6/6