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Madras High CourtCRL OP/5936/2018allowed

Lakshmi Prasad, Aged 50 Years, v. State Rep. By,

2018-06-12Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2018

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.5936 of 2018 and Crl.MP.Nos.2982 & 2983 of 2018 1.

Lakshmi Prasad 2.

Sanjana Prasad

...Petitioners

vs.

1.

State represented by Inspector of Police E-1, Mylapore Police Station (Law and Order) Mylapore, Chennai-600 004.

2.

Sankar Prasad

...Respondents

Criminal Original Petition filed under Section 482, Cr.P.C. to call for the records relating to C.C.No.7721 of 2017 on the file of the Metropolitan Magistrate Court No.XVIII, Saidapet, Chennai and quash the same.

For petitioner : Mr.K.Pradeep Raj For Respondents : Mrs.Kritika Kamal.P Government Advocate (Crl. Side) for R1

O R D E R

This Criminal Original Petition has been filed to call for the records relating to C.C.No.7721 of 2017 on the file of the Metropolitan Magistrate Court No.XVIII, Saidapet, Chennai and quash the same.

2. On the complaint lodged by Shankar Prasad (second respondent herein), the first respondent police registered a case in Crime No.2489 of 2016 and after completing the investigation, filed a charge sheet in C.C.No.7721 of 2017 before the Metropolitan Magistrate No.XVIII, Saidapet, Chennai, under Sections 294(b), 324 and 506(ii) IPC, against Lakshmi Prasad (A1) and Sanjana Prasad (A2), for quashing which, this petition has been filed on the ground that the parties have arrived at a compromise.

3. Today, the accused and the de facto complainant are present before this Court and they are identified by the Inspector of Police, Mylapore, who is also present before this Court.

4. Sankar Prasad, the de facto complainant in C.C.No.7721 of 2017 has filed an affidavit dated 12.06.2018, wherein, he has stated as follows :- "I submit that the first respondent had registered FIR against the petitioner for the offences alleged under Sections 294(b), 324 and 506(ii) of IPC based on the complaint given by me and subsequently, 1st respondent filed charge sheet against the petitioners and the same was taken on file by the Hon'ble XVIII Metropolitan Magistrate, Saidapet, Chennai in C.C.No.7721 of 2017.

I submit that the 1st petitioner is my wife and 2nd petitioner is my daughter.

I submit that the entire issues between me and the petitioners have been settled amicably. Hence, I have no objection in allowing the present criminal original petition and quash the FIR stated above."

5. Since the parties have arrived at a compromise as stated above this petition is allowed and the prosecution in C.C.No.7721 of 2017 is hereby quashed.

6. The petitioners are directed to pay costs of Rs.5,000/- each (totally Rs.10,000/-) to the Madras High Court Retired Officials Association, 5th Floor Building (Basement), New Additional Law Chambers, High Court Buildings, Chennai-600 104, within a period of two weeks from today. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mk

To 1.

The Metropolitan Magistrate Court No.XVIII, Saidapet, Chennai.

2.do thro The Chief Metropolitan Magistrate, Egmore, Chennai.

3.

The Inspector of Police E-1, Mylapore Police Station (Law and Order) Mylapore, Chennai-600 004.

4.

The Public Prosecutor High Court, Madras.

5.The Secretary, The Madras High Court Retired Officials Association, 5th Floor Building (Basement), New Additional Law Chambers, High Court Buildings, Chennai-600 104.

+1cc to Mrs.C.Uma, Advocate sr.no.37134 Crl.O.P. No.5936 of 2018 MG(CO) NR 25/06/2018