Rojapu v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.8.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.15966/2015

1. Rojapu 2.R.Srinivasan 3.S.Easwari ... Petitioners/Accused-1 to 3 Vs

1. State rep. By The Inspector of Police, Central Crime Branch-II,

2. K.Rajendra Nadar ...

Respondents/Complainants Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for records and quash the FIR in Cr.No.141 of 2012 pending on the file of the respondent herein. For Petitioners :Mr.K.V.Shanmuganathan For R1 :Mr.Mr.C.Emalias Additional Public Prosecutor For R2 : M/s.C.C.Rangarajan, C.Maniyan

ORDER

On a complaint lodged by second respondent, the first respondent registered a case in Cr.No.141/12 on 10.10.2012 under Sections 419, 465, 468, 471 r/w 109 IPC against the petitioners herein.

2. The first petitioner is the wife of the defacto complainant and the second petitioner is the son of the defacto complainant and the third petitioner is the daugher-in-law of the defacto complainant. Now, it appears that all the parties have arrived at an amicable settlement. Since the dispute is essentially between the family members, today, Rajendra Nadar (defacto complainant) is present before this Court and he has filed an affidavit wherein it is stated in paragraphs 2 and 3 as follows:

"2. I state that I am the defactocomplainant in Crime No.141 of 2012 pending on the file of the 1st respondent. I had lodged the complaint pursuant to the property dispute that arose between me and the petitioners herein with regard to the land situated at Naravarikuppam Village, Redhills, Chennai-52 comprised in

S.No.84/1A, which was acquired by me using my own resources. The 1st petitioner herein is my wife. The 2nd petitioner is my son. The 3rd petitioner is my daughter-in-law. The 4th petitioner is my daughter. Before lodging the said criminal complaint with the 1st respondent, I had filed a civil case in O.S.No.110 of 2012 before the District Munsiff Court, Thiruvottriyur seeking for injunction against the petitioners in respect of the said land. The 2nd petitioner herein had filed a civil suit seeking for injunction against me before the Sub-Court, Ponneri in O.S.No.42 of 2012 in respect of the very same land. Pursuant to the intervention of family friends and counseling given by the advocates, who had appeared in the above said cases I had entered into compromise with the 2nd petitioner and executed a Deed of Settlement dated 28.01.

2013, regd, as Doc,No.964 of 2013 on the file of the Sub-Registrar, Redhills absolutely conveying the above mentioned property in his favour. The 2nd petitioner in turn has executed a Deed of Settlement dated 08.02.2013, regd as Doc.No.1544 of 2013 on the file of the Sub-Registrar, Redhills in favour of his wife the 3rd petitioner.

3. I state that I had consciously and willingly entered into amicable settlement with the petitioners with the help of my counsel, who had appeared in O.S.No.42 of 2012 to preserve the unity and integrity of the family. As a result of the settlement peace and harmony is prevailing in the family. Therefore, I have no objection for quashing the criminal complaint pending on the file of the 1st respondent in Crime No.141 of 2012. "

3. Rajendra Nadar is identified by his counsel Mr.C.Maniyan.

4. In view of the settlement arrived at between the parties, the F.I.R in Cr.No.141/2012 pending on the file of the respondent police, is hereby quashed.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar kua

To

1. The Inspector of Police, Central Crime Branch-II 2.The Public Prosecutor, High Court, Madras.

1 cc to Mr.K.v. Shanmuganathan, Advocate, Sr. 43328 Crl.OP.No.15966/2015 GJ (CO) kk 8/9