Rajaram v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 02.07.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.16078 of 2015 1.Rajaram 2.Rajappan ... Petitioners/A3 & A8 Vs 1.State rep. by Inspector of Police, Karumalaikoodal Police Station, Karumalaikoodal, Mettur Taluk, Salem District.
2.Premkumar ... Respondents/Complainant/ Defacto Complainant Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the records in CC.No.135 of 2011 on the file of the Judicial Magistrate II, Mettur and to quash the same. For Petitioners : M/s.Sai Bharath and Ilan For Respondents : Mr.C.Emalias, Addl. Public Prosecutor [for R1]
O R D E R
This petition has been filed to quash the proceedings in CC.No.135 of 2011 on the file of the Judicial Magistrate II, Mettur
2. Heard the learned counsel for the petitioners; learned Additional Public Prosecutor appearing for the 1st respondent and perused the materials placed on record.
3. On a complaint lodged by one Premkumar, the respondent police registered a case in Crime No.236 of 2009 and after completing investigation, filed a Final Report for offences under Section 147, 148, 506[ii] IPC and Section 75 of MCP Act. Now, it appears that the defacto complainant and the petitioner have arrived at a settlement and they are seeking to quash the Final Report in CC.No.135 of 2011.
4. It is seen that in Crl.OP.No.8156 of 2014, this Court has quashed the prosecution in CC.No.135 of 2011 against one Kavitha on the ground that the defacto complainant have arrived an amicable settlement with her. Today, Mr.K.Madhaiyan, Sub Inspector of Police, Karumalaikoodal Police Station, Salem District is present and he has identified the defacto complainant Premkumar. Premkumar is present before this Court and filed an affidavit, wherein, in https://hcservices.ecourts.gov.in/hcservices/
paragaph No.4 and 5, he has stated as follows: "4.I sincerely state that the above quash petition filed by Accused Nos.3 & 8 along with my joint affidavit. As I settled the entire issues between ourselves, I do not want to proceed further as against other accused persons also i.e., Mr.Anbuselvan, S/o.Thangavel [A1], Mr.Gopi S/o.Thylappan [A4], Mr.Senthamizhan S/o.Rajendran [A5], Mr.Pradeepkumar S/o.Mathaiyan [A6], Mr.Sathish S/o.K.Sekar [A7] and Mr.Kanagaraj S/o.Duraisamy [A9] in the above Criminal Original proceedings in CC.No.135 of 2011 on the file of the Judicial Magistrate II, Mettur. Therefore, I have no objection to quash the entire proceedings as against all the accused persons. 5.Therefore, it is most humbly prayed that this Hon'ble Court may be pleased to call for the records and quash the criminal proceedings in CC.No.135 of 2011 on the file of the learned Judicial Magistrate II, Mettur, as against all the accused persons and pass such further or other orders and thus render justice."
5. In view of the above, relying upon the judgment of the Supreme Court in Narinder Singh and Others Vs State of Punjab and Another reported in [2014] 6 SCC 466, the entire proceedings in CC.No.135 of 2011 is hereby quashed and this petition stands allowed.
Sd/- Assistant Registrar True Copy Sub Assistant Registrar To 1.The Inspector of Police, Karumalaikoodal Police Station, Karumalaikoodal, Mettur Taluk, Salem District.
2.The Judicial Magistrate II, mettur.
3.The Public Prosecutor, High Court, Madras.
+1 cc to M/s.Sai Bharath Ilan, Advocate,SR.32840. Sai(co) krd 10/7 CRL.OP.No.16078 of 2015 https://hcservices.ecourts.gov.in/hcservices/