S.Syed Jaffer, 31 Yrs, v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.25348 of 2017 and Crl.MP.Nos.14583 and 14584 of 2017

1. S.Syed Jaffer

2. A.Manoj

3. R.Ramesh

4. S.Raja

5. R.Elumalai ... Petitioners Vs

1. State through The Inspector of Police, F-3, Nungambakkam Police Station, Chennai - 600 034 (Crime No.2250 of 2013)

2. S.Ethis Gupta ... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C, prayed to call for the records in C.C.No.958 of 2015 now pending on the file of learned XIV Metropolitan Magistrate, Egmore (Allikulam), Chennai and quash the same. For Petitioner : Mr.R.Ganesh Kumar For Respondents : Mr.C.Raghavan Government Advocate (Crl.Side) for R1 : Mr.T.Vinoth for R2

O R D E R

The prayer sought for in the present petition is to call for the records in C.C.No.958 of 2015 now pending on the file of learned XIV Metropolitan Magistrate, Egmore (Allikulam), Chennai and quash the same.

2. It is submitted that, pending Criminal Original Petition, the petitioners and the 2nd respondent/defacto complainant have amicably resolved the dispute between themselves.

3. Both the learned counsel have identified the de-facto complainant, who is present before this Court today. In order to identify the petitioners, they have submitted the photo copies of the parties in respect of their identity cards viz 1) S.Syed Jaffer - Aadhar Card No.2816 0038 7495, 2) Antony Cruz Gregory Manoj Fernando - Aadhar Card No.6089 2108 8438, 3) Ramesh K -Indian Driving Licence (Tamil Nadu) No.TN07 1996 0000428, 4) S.Raja (Selvaarasu Srinivasan) - Aadhar Card No. 3500 0736 1009 and 5) R.Elumalai - Indian Driving Licence (Tamil Nadu) No.R/TN/022/003913/2003 and the defacto complainant has submitted the photocopy of his Aadhar Card viz. S.Etheesh Gupta - 7035 7173 3397 after verification of the original, the same are recorded.

4. An affidavit dated 14.03.2018 was filed by the 2nd respondent/defacto complainant to the effect that he has no objection to quash the proceedings in C.C.No.958 of 2015 now pending on the file of learned XIV Metropolitan Magistrate, Egmore (Allikulam), Chennai.

5. Recording the same, the proceedings in in C.C.No.958 of 2015 now pending on the file of learned XIV Metropolitan Magistrate, Egmore (Allikulam), Chennai, Chennai is quashed. The Criminal Original Petition is allowed.

6. The Affidavit filed by the 2nd respondent/defacto complainant dated 14.03.2018 shall form part of the order. Consequently, connected miscellaneous petitions are closed. -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar vv To

1. The XIV Metropolitan Magistrate, Egmore (Allikulam), Chennai

2. Do Through The Chief Metropolitan Magistrate Egmore, Chennai.

3. The Inspector of Police, F-3, Nungambakkam Police Station, Chennai - 600 034

4. The Public Prosecutor High Court, Madras.

+1 CC to Mr.R. Ganesh Kumar, advocate sr 19583. Crl.O.P.No.25348 of 2017 NRL(CO) SP(23/04/2018)