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Madras High CourtCRL OP/22694/2017allowed

G.Yuvaraj, M/62 Years v. The Inspector Of Police

2018-03-16Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :20.03.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.22694 of 2017 & Crl.M.P.No.13248 of 2017 G.Yuvaraj .. Petitioner/Accused Vs.

1.The Inspector of Police, E2, Royapetta Police Station, Chennai.

.. 1st Respondent/Complainant 2.Pazha Karuppiah .. 2nd Respondent/Defacto complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to call for the record and quash the FIR in Crime No.1442 of 2011.

For Petitioner : Mr.P.Wilson, Senior Counsel for Mr.J.C.Durairaj For Respondent 1 : Mrs.P.Kritika kamal, Government Advocate (Crl. side) For Respondent 2 : Mr.A.Govindarajan

O R D E R

This petition has been filed seeking to quash the proceedings in Crime No.1442 of 2011 on the file of the First Respondent police.

2.Pending Criminal Original Petition, the defacto complainant and the petitioner have amicably resolved the dispute among themselves and accordingly, they have entered into a compromise.

3. Today, when the matter was called, learned counsel for the petitioner submitted that since the second respondent is aged about 75 years and not keeping good health, he filed an affidavit dated 19.03.2018 before the Commissioner of Oaths, explaining his inability to appear in person before this Court. https://hcservices.ecourts.gov.in/hcservices/

The counsel for the parties have submitted the photo copies of the parties in respect of their Identity Cards viz., Yuvaraj - Aadhaar Card No.407999368927 and Pazha Karuppiah - Elector Photo Identity Card No.TN/02/010/0243076 and after verification of the original cards, the same were also recorded.

4. The defacto complainant has also filed an affidavit, dated 19.03.2018 before this Court to the effect that he has no objection, if the present Criminal Original Petition is allowed.

5. In view of the above submissions made on either side and taking into account, the compromise entered into between the parties, the proceedings in Crime No.1442 of 2011 on the file of the first respondent police is hereby quashed.

6. The affidavit, dated 19.03.2018 filed by the defacto complainant/Pazha Karuppiah, is hereby recorded and shall form part of the order. The Criminal Original Petition is allowed. Consequently, connected miscellaneous petition is closed. (EXROX COPY OF AFFIDAVIT IS ENCLOSED) Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar nl To 1.The Inspector of Police, E2, Royapetta Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.J.C.DURAIRAJ, Advocate, S.R.No. 20818 Crl.O.P.No.22694 of 2017 NMI(CO) TR(12/04/2018) https://hcservices.ecourts.gov.in/hcservices/