Arumugasamy @ Sethupathi v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.06.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.12822 of 2016

1. Arumugasamy @ Sethupathi

2. G.Pandi

3. Ramalakshmi

4. Ravi

5. Rathinavelchamy

6. Karunanithi

7. Uma Mageshwari

...Petitioners

Vs

1. State by, Inspector of Police, W-28, All Women Police Station, Ambattur, Chennai-600 053.

(Crime No.2/2015)

2. Tmt.Muthurathinam

...Respondents

Prayer:- Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure to call for records and to quash the First Information Report in Crime No.2 of 2015 on the file of the Inspector of Police, W-28, All Women Police Station, Ambattur, Chennai.

For Petitioners :Mr.K.R.Ramesh Kumar For Respondent :Mr.C.Emalias No.1 Additional Public Prosecutor.

O R D E R

This Criminal Original Petition has been filed to call for records and to quash the First Information Report in Crime No.2 of 2015 on the file of the Inspector of Police, W-28, All Women Police Station, Ambattur, Chennai.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the first respondent.

3. On the complaint given by one Muthurathinam, the first respondent police have registered a case in crime No.2 of 2015 and after completing the investigation, they filed the final report before the Judicial Magistrate No.I, Ambattur, in C.C.No.175 of 2016 for offences under Sections 498 A, 494, 294 (b), 506(i) r/w 109 and 4 of Women Harassment Act against the petitioners herein, challenging which, the petitioners are before this Court on the ground that the parties have arrived at a amicable settlement.

4. Today, Ms.N.Samundeeswari, Inspector of Police, W-28, All Women Police Station, Ambattur, Chennai, is present before this Court and she identified the defacto complainant.

5. The defacto complainant is also present before this Court and he has filed his affidavit, wherein in para 7, it is stated as follows;

" 7. I state that the continuation of the prosecution will create animosity between us hence, I may be permitted to compound/compromise with the petitioners in the case was registered by the 1st Respondent herein in Crime No.2 of 2015.

In these circumstances, it is prayed that this Hon'ble Court may be pleased to accept my affidavit and quash the First Information Report in Crime No.2 of 2015 on the file of the Inspector of Police, W-28, All Women Police Station, Ambattur, Chennai and pass any such further orders as this Hon'ble Court may deem fit and proper in the interest of the case and thus render justice."

5. Recording the same, this criminal original petition is allowed and the proceedings in C.C.No.175 of 2016 before the learned Judicial Magistrate No.I, Ambattur is hereby quashed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar sms

To 1.The Judicial Magistrate No.I Ambattur 2.Inspector of Police, W-28, All Women Police Station, Ambattur, Chennai-600 053.

3.The Public Prosecutor, High Court, Chennai.

+4 ccs to Mr.K.R.Rameshkumar Advocate sr.34425/16 Crl.OP.No.12822 of 2016 aa29/06/2016