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Madras High CourtCRL OP/16537/2015allowed

Kousalya v. The Inspector Of Police

2015-07-14Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.07.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.16537 of 2015 1.Kousalya 2.Bala .. Petitioners/Accused Vs State rep.by 1.The Inspector of Police, K-11, Koyambedu Police Station, Chennai-600 107.

2.Rajan @ Radhakrishnan .. Respondents/Complainant Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records on the file of the respondent in Crime No.792 of 2015 and quash the FIR dated 19.06.2015. For Petitioners :Mr.P.D.Selvaraj For R1 :Mr.C.Emalias, Additional Public Prosecutor For R2 :Mr.K.S.Kumar

ORDER

Criminal Original Petition has been filed praying to call for the records on the file of the first respondent in Crime No.792 of 2015 and quash the FIR dated 19.06.2015.

2.Heard the learned counsel for the petitioners and the learned counsel appearing for the respondents. 3.It is seen that on a complaint lodged by one Radhakrishnan, the respondent Police have registered a case in Crime No.792 of 2015 on 19.06.2015 for the offences under Sections 147, 148, 448, 323, 427 and 506(ii).

4.It is also seen that after registering of FIR, the accused and the defacto complainant appear to have amicably settled all the issues between them and today the defacto complainant, who is present here, has filed an affidavit wherein, in paragraph No.3, he has stated as follows:

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para3:After Interim orders were passed by this Hon'ble Court on 12.06.2015-granting Police protection to me, the first respondent herein registered an FIR in Crime No.792 of 2015. Thereafter, on 24.06.2015 the matter was amicably settled between me and the petitioners herein. The petitioners compensated me to the tune of Rs.3 lakhs for forcible dispossession. Now, the petitioners have filed the above Crl.O.P. to quash the FIR and in view of the fact that the petitioners herein have compensated me, I have no objection in the FIR being quashed by this Hon'ble Court.

It is therefore prayed that this Hon'ble Court may be pleased to accept this affidavit and record my "no objection" in quashing the FIR in Crime No.792 of 2015 on the file of the Inspector of Police, K-11, Koyambedu Police Station and thus render justice.

6.In view of the above, an FIR in Crime No.792 of 2015 pending on the file of the first respondent Police is hereby quashed and this petition is allowed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar dn To 1.The Inspector of Police, K-11, Koyambedu Police Station, Chennai-600 107.

2.The Public Prosecutor, High Court, Madras.

2 cc to Mr.P.D.Selvaraj , Advocate Sr.No.35562 Crl.OP No.16537of 2015 tej(co) pmk.27.7.2015 https://hcservices.ecourts.gov.in/hcservices/