Pakkirisamy v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2015

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.24465 of 2015 1.Pakkirisamy 2.Jayanthi ... Petitioners Vs.

1. State by:

The Sub Inspector of Police, H-8, Thiruvottiyur Police Station, Thiruvottiyur, Chennai - 600 019.

2. E.Parthiban ... Respondents Prayer: Criminal Original Petition filed under Section 482 of the Cr.P.C., praying to call for the records in Crime No.879 of 2014 on the file of the Sub Inspector of Police, H-8, Thiruvottiyur Police Station, Chennai and quash the same. For Petitioners :

Mr.K.Selvakumar For Respondents :

Mr.C.Emalias [for R1] Additional Public Prosecutor Mr.M.Saravana Kumar [for R2]

O R D E R

This Criminal Original Petition has been filed to quash the records in Crime No.879 of 2014 on the file of the respondent Police.

2. Heard Mr.K.Selvakumar, the learned counsel for the petitioners; Mr.C.Emalias, the learned Additional Public Prosecutor appearing for the first respondent and Mr.M.Saravana Kumar, the learned counsel appearing for the second respondent.

3. On a complaint lodged by Parthiban, the respondent Police registered a case in Crime No.879 of 2014 for the offences under Sections 341, 448 and 506(i) IPC., against these petitioners, challenging which, these petitioners are before this Court, on the ground that the petitioners and the defactohttps://hcservices.ecourts.gov.in/hcservices/

complainant have arrived at an amicable settlement. The crux of the allegations in the FIR., is that the defacto-complainant is the tenant in the petitioner's house and in order to evict the defacto-complainant, the petitioners had trespassed into the portion of the defacto-complainant.

4. The learned counsel for the defacto-complainant/2nd respondent submitted that the parties have arrived at a compromise and he also filed copy of Memorandum of Understanding dated 14.02.2015. The learned counsel for the defactocomplainanta further submitted that, he had vacated the premises and he also received a sum of Rs.3,00,000/- from the petitioners.

In view of the above, this Criminal Original Petition is allowed and FIR., in Crime No.879 of 2014 is hereby quashed. ds s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To:

1.The Sub Inspector of Police, H-8, Thiruvottiyur Police Station, Thiruvottiyur, Chennai - 600 019.

2.The Public Prosecutor, High Court, Madras.

+ 1 cc to Mr.M.Saravanakumar, Advocate SR 56669 ksj(co) prk30/10 Crl.O.P.No.24465 of 2015 https://hcservices.ecourts.gov.in/hcservices/