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Madras High CourtCRL OP/11487/2018allowed

Lenin, M/A.43 Years v. State Represented By

2018-04-16Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.11487 of 2018

1. Lenin

2. T. Santhakumar

3. Kandhan

4. Suresh ... Petitioners Vs

1. State rep. by Inspector of Police V-1 Villivakkam Police Station Chennai.

2. K. Thalapathy Pandian ... Respondents Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for the records pertaining to the first information report in Crime No. 156 of 2017 pending investigation on the file of the Inspector of Police, V-1, Villivakkam Police Station, Chennai, quash the same.

For Petitioners : Mr. A. Balamurugan For Respondents : Mrs. P. Kritika Kamal Govt. Advocate (Crl. Side) for R1 Mr. S.K.P. Dilip Kumar for R2

ORDER

The relief sought for in this petition is to quash the first information report in Crime No. 156 of 2017 pending investigation on the file of the Inspector of Police, V-1 Villivakkam Police Station, Chennai.

2. For the sake of convenience, the parties are referred to by their name.

3. On the complaint lodged by K. Thalapathy Pandian, the respondent police has registered a case in Cr. No. 156/2017 on https://hcservices.ecourts.gov.in/hcservices/

25.01.2017 under Sections 147, 148, 448, 294(b), 506 (ii) of IPC and Section 3 of th Tamil Nadu Public Property (Prevention of Damage & Loss) Act,1992 against Lenin and others, for quashing which this petition has been filed on the ground that the parties have entered into compromise.

4. Today, Mrs. R. Sathyabama, Sub Inspector of Police, V-1 Villivakkam Police Station, the defacto complainant K. Thalapathy Pandian, Lenin, T. Santhakumar, Kandhan and Suresh, are present in the court and identified by the police as accused.

5. The defacto complainant has filed an affidavit, stating as follows in paragraph 5 :- " It is most respectfully submitted that a few days ago there was a talk between me and the petitioners. Based on which, we arrived at a compromise, to that effect, I am filing this affidavit and have no objection in the event of this Hon'ble Court allowing the quash petition filed by the petitioners in Crime No.156 of 2017 on the file of the 1st respondent police. "

6. In view of the settlement arrived between the parties, this petition is allowed and the proceedings in Cr. No. 156/2017 on 25.01.2017 is quashed.

Sd/- Assistant Registrar(CS VIII) //True copy// Sub Assistant Registrar avr To

1. The Inspector of Police V-1, Villivakkam Police Station Chennai.

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

+1cc to Mr.A.Balamurugan, Advocate SR.No.28009 Crl.O.P.No.11487 of 2018 SS(CO) GN(28/04/2018) https://hcservices.ecourts.gov.in/hcservices/