← Library
Madras High CourtCRL OP/16891/2015closed

Mrs.Selvi Vijayarajan v. State Rep. By

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.16891 of 2015 & MP.No.1 of 2015 1.Mrs.Selvi Vijayarajan 2.Mr.T.Vijayarajan .. Petitioners/Accused Vs State rep.by 1.The Inspector of Police, Valparai Police Station, Valparai, Coimbatore District.

2.R.Seenipandi .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in C.C.No.91 of 2013 pending on the file of the learned District Munsif Cum Judicial Magistrate at Valparai, Coimbatore District and quash the same. For Petitioners :Mr.M.Ramachandran For R1 :Mr.C.Emalias, Additional Public Prosecutor

ORDER

Criminal Original Petition has been filed praying to call for the records in C.C.No.91 of 2013 pending on the file of the learned District Munsif Cum Judicial Magistrate at Valparai, Coimbatore District and quash the same.

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

3.On a complaint lodged by one R.Seenipandi, the respondent Police have registered a case in Crime No.57 of 2013 and after completing the investigation they have filed the final report before the learned District Munsif Cum Judicial Magistrate at Valparai, Coimbatore District for the alleged offences under Sections 294(b), 417, 420 of IPC, challenging which, the accused are before this Court on the ground that they have arrived at an amicable settlement with the defacto complainant. https://hcservices.ecourts.gov.in/hcservices/

4.Today, Mr.Jayaraman, the Inspector of Police, Valparai Police Station is present before this Court.

5.Mr.R.Seenipandi, the defacto complainant is also present before this Court and he is identified by the Inspector of Police Mr.Jayaraman. Mr.R.Seenipandi, filed an affidavit before this Court, wherein, in paragraph No.3 and 4, he has stated as follows: Para3:I state that infact I never indented to give any such complaint against the petitioners whereas I was forced to give such complaint. Anyhow, I wanted to compromise with the petitioners. Therefore, the petition filed by the petitioners may be allowed.

Para4:I state that I am swearing this affidavit on my own there is no any coercion or force but with my full and free will.

Therefore, it is prayed that this Hon'ble Court may pleased to allow the petition and thus render justice.

6.In view of the above, the prosecution in C.C.No.91 of 2013 is hereby quashed. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar dn To 1.The Inspector of Police, Valparai Police Station, Valparai, Coimbatore District.

2.The Public Prosecutor, High Court, Madras.

3. The District Munsif Cum Judicial Magistrate, Valparai, Coimbatore.

+ 1 cc to M/s. Dass Law Associates, Advocate Sr.35601 Crl.OP No.16891 of 2015 & MP.No.1 of 2015 SCD(CO) Eu 29.07.15 https://hcservices.ecourts.gov.in/hcservices/