Ravikumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.03.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRL.OP No. 7366 of 2022 & Crl.MP.Nos. 4227 & 4230 of 2022 1.Ravikumar 2.Vasanthi ...petitioners Vs.

1.State by Inspector of Police, Kambainallur Police Station, Dharmapuri District.

2.Samboornam

...Respondents

PRAYER : This petition has been filed under Section 482 of Cr.P.C, to call for the records in connection with the C.C No. 5 of 2022 on the file of Judicial Magistrate Court, Harur, Dharmapurie District and quash the same. For petitioner : Mr.K.Thiruvengadam For R1 : Mr.S.Vinoth Kumar

Government Advocate (Crl.side) For R2 : service awaited.

ORDER

The petitioner herein filed this petition to call for the records in connection with the C.C No. 5 of 2022 on the file of Judicial Magistrate Court, Harur, Dharmapuri District and quash the same.

2. The learned counsel for the petitioners submit that as a counter blast to the complaint lodged by the petitioner in crime No. 851 of 2020 the defacto complainant lodged the present complaint against the petitioners in crime No. 852 of 2020 and final report was filed and taken on file in C.C No. 5 of 2022 before the Judicial Magistrate Court, Harur, Dharmapuri District. Further, he submit that there was civil dispute between the parties and also the suit was decreed in favour of the petitioner and the petitioners are ready to withdraw the complaint in crime No. 851 to that effect they filed the affidavit of undertaking.

3. Considering the facts of the case, due to land dispute there was wordy quarrel between the petitioners and the defacto complainant. On perusal of the records, it reveals that there is no material on the side of the

prosecution to show that petitioners were abused the defacto complainant with the intention to harass him on the date of alleged occurrence. Further, the petitioners are ready to withdraw their case in crime No.851 of 2020. Hence, this Court is inclined to quash the C.C No. 5 of 2022 as well as crime No. 851 of 2020.

4. In the result, this petition is allowed. No Costs. Consquentially, connected miscellaneous petition is closed, 14.03.2024 pbl To The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI, J.

pbl CRL.OP No. 7366 of 2022and Crl.MP.Nos. 4227 & 4230 of 2022 14.03.2024