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Madras High CourtCRL OP/16491/2016allowed

Vinoch, M/Aged About 26 Years v. The State Rep. By

2016-08-11Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2016

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.16491 of 2016 & Crl.M.P. No.8000 of 2016 Crl.O.P. No.16492 of 2016 & Crl.M.P. No.8001 of 2016 Vinoch Santhi ..Petitioners in Crl.O.P. No.16491 of 2016/Accused Nos.1 & 2 vs.

The State represented by the Inspector of Police Thalaivasal Police Station Salem District Rajenthiran ..Respondents in Crl.O.P. No.16491 of 2016/Complainant Kuppusamy Rajenthiran Aththay ..Petitioners in Crl.O.P. No.16492 of 2016/Accused Nos.1 to 3 vs.

The State represented by the Inspector of Police Thalaivasal Police Station Salem District. ..Respondent/Complainant Vinoch ..Respondents in Crl.O.P. No.16492 of 2016/De-facto Complainant Criminal Original Petitions filed under Section 482 Cr.P.C. seeking to call for the records pending on the file of the Inspector of Police, Thalaivasal Police Station, Salem District

in Crime No.233 and 231 of 2016 respectively and quash the criminal proceedings.

For Petitioner in Crl.O.P. No.16491 of 2016 Mr. D. Dayalan For R1 in Mr. C. Emalias Crl.O.P. No.16491 of 2016 Addl. Public Prosecutor For R2 in Mr. E. Kannadasan Crl.O.P. No.16491 of 2016 For Petitioner in Mr. E. Kannadasan Crl.O.P. No.16492 of 2016 For R1 in Mr. C. Emalias Crl.O.P. No.16492 of 2016 Addl. Public Prosecutor For R2 in Mr. D. Dayalan Crl.O.P. No.16492 of 2016 COMMON ORDER These Criminal Original Petitions have been filed seeking to call for the records pending on the file of the Inspector of Police, Thalaivasal Police Station, Salem District in Crime Nos.233 and 231 of 2016 respectively and quash the criminal proceedings.

On the complaint lodged by Vinoch, the first respondent police registered a case in Crime No.231 of 2016 on 27.06.2016 for offences under Sections 294(b), 342, 323, 324 and 506(II) IPC against Kuppusamy, Rajenthiran and Aththayi. On the complaint lodged by Rajenthiran, the first respondent police registered a counter case in Crime No.233 of 2016 on 27.06.2016 for offences under Sections 294(b), 323, 324 and 506(II) IPC against Vinoch and Santhi. It may be relevant to state here that Vinoch is none other than Rajenthiran's son. Since the parties have arrived at a compromise, they are before this Court for quashing the First Information Reports.

Today, all the parties are present before this Court and they are identified by Mr. S. Subramanian, Special Sub Inspector, Thalaivasal Police Station, Salem District, who is also present today.

The parties have filed a joint memo of compromise dated 26.07.2016, duly signed by them, wherein, it has been stated as follows:

"2.

The petitioners/accused and the second respondent/de facto complainant submits that both were agreed that they were not given trouble each other and they were not given complaint against each other in future and they are living together in a joined family house.

3.

The petitioners/accused and the second respondent/de facto complainant submits that they are voluntarily come forward and filing this joint compromise memo without any coercion or undue influence, on their own accord and they are filing this joint compromise memo."

In view of the above, the cases in Crime Nos.233 and 231 of 2016 on the file of the first respondent police are quashed and both the Criminal Original Petitions are allowed. Connected Crl.M.Ps. are closed.

cad Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To The Inspector of Police Thalaivasal Police Station Salem District The Public Prosecutor High Court of Madras Chennai 600 104.

+ 1 CC TO MR.D.DAYALAN, ADVOCATE SR 46241 + 2 CCS TO MR.E.KANNADASAN, ADVOCATE SR 46168, 46169 KR/9/9/16 Crl.O.P.Nos.16491 & 16492 of 2016