Rajasekar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.06.2018
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.17195 of 2016 & Crl.M.P. No.8721 of 2016 Crl.O.P. No.1433 of 2016 & Crl.M.P. No.671 of 2016 Crl.O.P. No.3220 of 2017 & Crl.M.P. No.2321 of 2017 Rajasekar Parameswari Petitioners in Crl.O.P. No.17195/2016/ Accused 2 & 3 Dhanalakshmi Kasturi Rangan Petitioners/ Accused A4 & A5 in Crl.O.P. No.1433 of 2016 Praveen Kumar Rajasekar Petitioner/Accused in Crl.O.P. No.3220 of 2017 vs.
The Inspector of Police W-25, All Women Police Station T. Nagar, Chennai 600 017 A. Kamalapriya @ Lakshmi Respondents in all the Crl.O.Ps./ Complainant Criminal Original Petitions filed under Section 482 Cr.P.C. seeking to call for the records in C.C. No.5299 of 2015 on the file of the XVII Metropolitan Magistrate Court, Saidapet, Chennai and quash the same.
For petitioners in Crl.O.P. No.17195 of 2016 Mr. V. Raghavachari For petitioners in Crl.O.P. No.1433 of 2016 Mr. A.E. Ravichandran For petitioners in Crl.O.P. No.3220 of 2017 Mr. PL. Narayanan For R1 in Mrs. Kritika Kamal P.
all the Crl.O.Ps.
Govt. Advocate (Crl. Side) For R2 in Mr. P.B. Balaji all the Crl.O.Ps.
COMMON ORDER In view of commonality of the prayer, all these three Criminal Original Petitions are decided by this common order. On the complaint lodged by the second respondent, the first respondent police registered a case in Cr. No.1 of 2014 against Praveenkumar (A1), Rajasekar (A2), Parameswari (A3), Dhanalakshmi (A4) and Kasturi Rangan (A5) and after completing the investigation, have filed a charge sheet in C.C. No.5299 of 2015 for the offences under Sections 294(b), 417, 406, 498-A and 506(ii) IPC before the XVII Metropolitan Magistrate, Saidapet, Chennai, seeking quashment of which, the accused have preferred these Criminal Original Petitions.
Today, the de facto complainant and the accused are present before this Court and they are identified by Mrs. C. Bhuvaneswari, WHC 18280, W-25, All Women Police Station, T. Nagar, who is also present before this Court. The de facto complainant has filed an affidavit, wherein, at paragraph nos.3 and 4, she has stated as under: "3.
I submit that subsequent to the filing of the charge sheet, the well-wishers and friends intervened in the matter and advised me and the petitioners to amicably settle and put an end to all the disputes. The petitioners also approached me for settlement and as such, both myself and the petitioners have decided to go for an amicable settlement in the presence of the well wishers and friends. Therefore we have amicably settled the issue in respect of the matrimonial proceedings in C.M.A. Nos.3428 and 3429 of 2017 on the file of this Hon'ble Court. In view of such supervening circumstances, I am not interested in proceeding with the criminal case further and I have decided to put an end to the entire proceedings. I submit that I have no objection in quashing the charge sheet in C.C. No.5299/2015 on the file of the XVII Metropolitan Magistrate, Saidapet, Chennai, against the petitioners."
In view of the above, the proceedings in C.C. No.5299 of 2015 on the file of the XVII Metropolitan Magistrate Court, Saidapet, Chennai is quashed in respect of all the accused, on condition that the petitioners pay a sum of Rs.1,000/- each to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of two weeks from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.
In fine, these Criminal Original Petitions are allowed. Connected Crl.M.Ps. are closed.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar cad To The Inspector of Police W-25, All Women Police Station T. Nagar, Chennai 600 017 The XVII Metropolitan Magistrate Court Saidapet Chennai The Public Prosecutor High Court of Madras Chennai 600 104 The Section Officer Accounts Section High Court of Madras Chennai 600 104 5.The Section Officer Criminal Section High Court, Madras-104 +2 ccs to mr.V.Raghavachari Advocate sr 38829 +2 ccs to Mr.P.L.Narayanan Advocate sr 38830 +2 ccs to Mr.A.E.Ravichandran Advocate sr 38831 +1 cc to Mr.P.B.Ramanujam Advocate sr 38966 Common order in Crl.O.P. No.17195 of 2016 Crl.O.P. No.1433 of 2016 Crl.O.P. No.3220 of 2017 aa21/06/2018