Madras High CourtCRL OP/27988/2011allowed

S.Balavenkatesh v. The Inspctor Of Police

2016-11-30Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.27988 of 2011

1. S.Balavenkatesh

2. S.Subash

3. V.Swarnalakshmi .. Petitioners Vs The Inspector of Police R2, Kodambakkam Police Station, Kodambakkam, Chennai.

.. Respondent Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records in Crime No.1391 of 2011 on the file of the respondent police and quash the same.

For Petitioners : Mr.C.B.Muralikrishnan For Respondent : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to call for the records in Crime No.1391 of 2011 on the file of the respondent police and quash the same.

2. Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the State.

3. Today, Mr.Dhalavoi Samy, Inspector, R2 Kodambakkam Police Station, Chennai is present.

4. On the complaint lodged by one Selvam, the respondent police registered a case in Crime No.1391 of 2011 on 09.11.2011 for offence under Section 420 IPC against Venkatesh, Charles Immanuvel, Muthu, Swarnalakshmi and Subash, challenging which the petitioners are before this Court.

5. When the matter was taken up for hearing, learned Additional Public Prosecutor submitted that Selvam has given a letter dated 22.11.2016 to the police stating that the matter was amicably settled with the accused and he requested to close the FIR. The same has also been given by S.Balavenkatesh, the 1st accused to the police.

https://hcservices.ecourts.gov.in/hcservices/

6. On a reading of the FIR, it is alleged by Selvam that he has taken on lease, the property belonging to the accused on 01.02.2011 by paying an advance of Rs.5,00,000/- (Rupees five lakhs only) and after having entered into the lease agreement, it is stated that the accused leased out the same property to another person. The dispute essentially appears to be contractual and civil in nature.

In view of the above, this petition is allowed and the FIR is hereby quashed.

-sd/- Assistant Registrar / TRUE COPY / Sub-Assistant Registrar mk To

1. The Inspector of Police R2, Kodambakkam Police Station, Kodambakkam, Chennai.

2. The Public Prosecutor, High Court, Madras.

CRL.OP.No.27988 of 2011 sst[co] RD 28/12/2016 https://hcservices.ecourts.gov.in/hcservices/