Gaurang Shah v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 9/6/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR Crl. O.P. No. 13264 of 2022
1. Gaurang Shah
2. Pooja Shah ... Petitioners/Accused 1 & 2 Vs
1. State The Inspector of Police Team III, EDF II CCB - I, Chennai.
2. T. Ellapan ... Respondents/Complainant /Defacto Complainant PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C. to quash proceedings in Crime No.217 of 2021 on the file of the first respondent.
For Petitioner :
Mr.K.P.Anantha Kirushna For respondents :
Mr.Leonard Arul Joseph Selvam Government Advocate (Criminal Side) for R.1 Mr.R.Karthik for R.2.
O R D E R
This Criminal Original Petition has been filed to quash the proceedings in Crime No.217 of 2021, pending on the file of the first respondent Police, for the offence punishable under Sections 406 and 420 of the Indian Penal Code.
2. Heard Mr.K.P.Anantha Kirushna, learned counsel for the petitioner, Mr.Leonard Arul Joseph Selvam, learned Government Advocate (Crimnal Side) for the first respondent and
Mr.R.Karthik, learned counsel for the second respondent.
3. A bare perusal of the First Information Report would indicate that the dispute between the parties is purely civil in nature.
4. Today when the matter is taken up for hearing, the defacto complainant and accused is present before this Court and also filed compounding petition. Defacto complainant and accused are identified by their respective counsel. Investigation Officer is also present and submitted that they have settled the dispute amicably and no longer willing to prosecute the matter. As the dispute is commercial in nature and also the offences are compoundable in nature, this Court is inclined to quash the F.I.R in Crime No.217 of 2021, on the file of the first respondent.
5. Accordingly, this Criminal Original Petition is allowed and F.I.R in Crime No.217 of 2021, pending on the file of the Inspector of Police, Team 3, EDF - II, CCB - I, Chennai, is quashed.
Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar mvs.
To
1. The Inspector of Police Team III, EDF II CCB - I, Chennai.
2. The Public Prosecutor Madras High Court Chennai.
+1cc to M/s.K.P.Anantha Krishna, Advocate, S.R.No.34283 Crl. O.P. No. 13264 of 2022 PL(CO) UMA(24/06/2022)