Madras High CourtCRL OP/20067/2015allowed

Vasanth v. The State Rep By

2015-08-11Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.20067 of 2015 Vasanth ..

Petitioner Vs 1.The State, Rep, by The Inspector of Police, Omalur Police Station, Salem District, Crime No.364/2010 2.Ashok Kumar ..

Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records in Crime No.364 of 2010 on the file of the first respondent and quash the same. For Petitioner :Mr.I.Paul Noble Devakumar For Respondents :Mr.C.Emalias [for R1] Additional Public Prosecutor Ms.P.S.Amal Raj [for R2]

ORDER

This Criminal Original Petition has been filed by the petitioner herein to quash the FIR in Crime No.364 of 2010 on the ground that the matter has been amicably settled with the defactocomplainant.

2. Heard Mr.I.Paul Noble Devakumar, the learned counsel for the petitioner; Mr.C.Emalias, the learned Additional Public Prosecutor for the first respondent and Mr.P.S.Amal Raj, learned counsel for the second respondent.

3.Today, Mr.Ashok Kumar, the defacto-complainant is present and he has filed an affidavit, wherein in paragraph Nos.2,3 & 4, he has stated as follows :

"2. I state that I gave complaint against the petitioners herein before the first respondent and the same registered in Crime No.364 of 2010 under Section 147, 447, 452, 354 and Section3(1) of PPD Act, 324, 323 and 506 (ii) IPC.

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3. I state that the occurrence had taken place in 05.04.2010 and the case is pending for investigation till today.

4. I state that since the compromise was made by the elders of the village and the occurrence had taken place long back, I don't want to proceed the further investigation and I like to compromise with the petitioners herein.

4. It is also seen that on the complaint given by Vasanth (the petitioner herein), the respondent Police have registered a case in Crime No.363 of 2010 against Ashok Kumar [complainant], challenging which, Ashok Kumar has filed Crl.OP.No.20066 of 2015, on the ground that the matter has been amicably settled with Vasanth.

5. In view of the above, this Criminal Original Petition is allowed and the F.I.R. in Crime No.364 of 2010 on the file of the first respondent is hereby quashed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar ds To:

1.The Inspector of Police, Omalur Police Station, Salem District.

2. The Public Prosecutor, High Court, Madras.

1 cc to Mr.I.Paul Noble Devakumar , Advocate Sr.No.42336 Crl.OP No.20067 of 2015 rj(co) pmk.31.8.2015 https://hcservices.ecourts.gov.in/hcservices/