Madras High CourtCRL OP/6526/2021allowed

R.Murali v. State Rep By

2021-04-28Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2021

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P No.6526 of 2021 1.R.Murali 2.B.Lokesh @ Rithik ... Petitioners / A1 & A2 vs.

1.The State, Rep by The Inspector of Police, E-4, Abiramapuram Police Station, Chennai - 600 018.

(Crime No.686 of 2019) ... 1st respondent / Complainant 2.N.Harikrishnan ... 2nd respondent / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records pertaining to FIR in Crime No.686 of 2019 on the file of the Inspector of Police, E-4, Abiramapuram Police Station, Chennai for the alleged offence U/s.341, 294(b), 323, 506(1) IPC and quash the same.

For Petitioners: Mr.G.Santhosh Kumar For R1 : Mr.M.Mohammed Riyaz, Additional Public Prosecutor

ORDER

(Through video conference) This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.686 of 2019.

2.There is a case in counter in Crime No.686 of 2019 and Crime No.685 of 2019 between the parties. Both the parties have now decided to compromise the dispute. The 2nd respondent has filed an affidavit before this Court dated 26.03.2021 stating that he is withdrawing the complaint and also he undertakes that not to file any other complaint or private complaint with regard to his complaint dated 20.10.2019. He is present before the Court through video conferencing and he also confirms the fact that the matter has been compromised and the FIR in Crime No.686 of 2019 can be quashed. 3.Similarly, the 1st petitioner has also given a complaint against the 2nd respondent / defacto complainant and https://hcservices.ecourts.gov.in/hcservices/

the same has been registered in Crime No.685 of 2019. The 1st petitioner has given an undertaking affidavit dated 26.03.2021 to the effect that he is also withdrawing the complaint registered in Crime No.685 of 2019. The 1st petitioner is present before this Court through video conferencing and they confirms that the complaint is withdrawn and that the FIR in Crime No.685 of 2019, can be quashed.

4.The learned counsel for the petitioners and the 2nd respondent also reiterated the very same stand taken by the parties.

5.Taking into consideration the facts and circumstances of the case and also of the fact that no useful purpose will be served by keeping the FIRs pending in Crime No.686 and 685 of 2019, on the file of the 1st respondent police, the same is hereby quashed.

6.Accordingly, the Criminal Original petition is allowed. Sd/- Assistant Registrar (CS-V) //True Copy// Sub Assistant Registrar ssi To 1.The Inspector of Police, E-4, Abiramapuram Police Station, Chennai - 600 018.

2.The Public Prosecutor, High Court of Madras, Madras.

+1cc to Mr.G.Santhosh Kumar, Advocate, S.R.No.26474 Crl.O.P No.6526 of 2021 NRL(CO) GN(02/07/2021) https://hcservices.ecourts.gov.in/hcservices/