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Madras High CourtCRL OP/10617/2018allowed

S.Narayanan, M/26 Yrs v. State Rep By

2018-06-19Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2018

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.10617 of 2018 S. Narayanan Petitioner vs.

State represented by the Inspector of Police (L & O) K-2, Ayanavaram Police Station Chennai - 23 (Cr. No.472 of 2016) P. Parvathy Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking to call for the records in Cr. No.472 of 2016 pending on the file of the first respondent police and quash the same. For petitioner Mr. J. Manikandan For R1 Mrs. Kritika Kamal, P.

Govt. Advocate (Crl. Side) For R2 Mr. Vijaya Ganesh

ORDER

This Criminal Original Petition has been preferred seeking to call for the records in Cr. No.472 of 2016 pending on the file of the first respondent police and quash the same. On the complaint lodged by Parvathy, the first respondent police had registered a case in Cr. No.472 of 2016 on 16.03.2016 under Section 143, 427, 448, 341, 294(b), 323 and 506 (i) IPC against Narayanan (A1) and three others, for quashing which, Narayanan (A1) has preferred this Criminal Original Petition.

Today, Ms. T. Punitha, W. Gr. I 27973, K2 Ayanavaram P.S., Parvathy (de facto complainant) and Narayanan, (petitioner) are present before this Court.

Parvathy (de facto complainant) and Narayanan (petitioner) have filed a joint compromise affidavit dated 26.03.2018, wherein, at paragraph no.4, it has been stated as under:

"4.

I, Parvathi state that the petitioner is my cousin son and we both living under same roof of buildings. Hence, I want to withdraw the case against the petitioner along with other accused in Cr. No.472 of 2016 under Sections 143,427,448,341,294(b),323,506 (ii) of IPC pending on the file of the first respondent police.

Therefore, we prayed that this Hon'ble Court may be pleased to accept this joint compromise affidavit and may be treated part and parcel of this quash petition in cr. No.472 of 2016 IPC pending on the file of the 1st respondent police."

In view of the above, the prosecution in Cr. No.472 of 2016 on the file of the first respondent police is quashed in respect of all the accused, on condition that the petitioner deposits a sum of Rs.5,000/- to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry) within a period of two weeks from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. In fine, this Criminal Original Petition is allowed. Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar cad To The Inspector of Police (L & O) K-2, Ayanavaram Police Station Chennai - 23 The Section Officer, Accounts Section, High Court, Madras.

The Section Officer, Criminal Section, High Court, Madras.

The Public Prosecutor High Court of Madras Chennai 600 104.

+1cc to Mr.J.MANIKANDAN, Advocate, S.R.No.39025 Crl.O.P. No.10617 of 2018 TR(29/06/2018)