N.Ravindhran v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2021
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P No.6617 of 2021 and Crl.M.P No.4388 of 2021 N.Ravindhran ... Petitioner / Accused vs.
1.The Inspector of Police, R-6, Kumaran Nagar Police Station, Kumaran Nagar, Saidapet, Chennai - 600 015.
... 1st respondent / Complainant
2. K.Balasubramanian ... 2nd respondent / Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to FIR No.71 of 2021 on the file of the Inspector of Police, R-6, Kumaran Nagar Police Station, Kumaran Nagar, Chennai 600 015 and quash the same.
For Petitioner : Mr.N.S.Thanu Madhan For R1 : Mr.M.Mohammed Riyaz, Additional Public Prosecutor For R2 : Mr.K.Suthan *****
ORDER
(Through video conference) This Criminal Original Petition has been filed to quash the FIR in Crime No.71 of 2021, pending on the file of the 1st respondent police.
2.The case of the prosecution is that the petitioner is a builder and developer and that the 2nd respondent / defacto complainant intended to purchase a flat from the petitioner and paid an advance amount of Rs.15 Lakhs. Later, the 2nd respondent
has received an amount of Rs.1.5 Lakhs from the petitioner for his urgent needs and the balance amount of Rs.13.5 Lakhs was with the petitioner. Thereafter, the 2nd respondent / defacto complainant had asked the petitioner to repay the balance amount of Rs.13.5 Lakhs and the same was refused by the petitioner due to which, the 2nd respondent has lodged a complaint before the Inspector of Police, R-6, Kumaran Nagar Police Station, Kumaran Nagar, Saidapet, Chennai against the petitioner and a case was registered in Crime No.71 of 2021, for offence under Section 420 and 506(i) IPC.
3.The learned counsel appearing for the petitioner submitted that during the course of enquiry, the petitioner was paid an amount of Rs.1 Lakh to the 2nd respondent by way of Demand Draft and that the petitioner is willing to settle the entire balance amount of Rs.12.5 Lakhs. The learned counsel for the petitioner further submitted that the balance amount of Rs.12.5 Lakhs has been paid to the 2nd respondent by way of Demand Draft and the same has been received and acknowledged by the 2nd respondent and he would seek to quash the FIR.
4.The petitioner / accused and the 2nd respondent / defacto complainant were also present before this Court at the time of hearing.
5.It is seen that the petitioner has settled the balance amount of Rs.12.5 Lakhs to the 2nd respondent / defacto complainant by way of Demand Draft. The 2nd respondent / defacto complainant has also admits that he has received an amount of Rs.12.5 Lakhs by way of Demand Draft from the petitioner which was being the disputed amount. This Court is inclined to quash the First Information Report in Crime No.71 of 2021, on the file of the 1st respondent police.
6.In view of the above, this Criminal Original Petition stands allowed and the proceedings in Crime No.71 of 2021, on the file of the 1st respondent police, is quashed. Consequently, the connected miscellaneous petition also stands closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar ssi
To 1.The Inspector of Police, R-6, Kumaran Nagar Police Station, Kumaran Nagar, Saidapet, Chennai - 600 015.
2. The Public Prosecutor, High Court of Madras, Madras.
+2cc to Mr.N.S.Thanu Madhan, Advocate SR.26079 Crl.OP No.6617 of 2021 and Crl.M.P No.4388 of 2021 RSI(CO) CB(01/07/2021)