M.Dhamodhara Krishnan v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.30653 of 2013 and M.P.No.1 of 2013 1.M.Dhamodhara Krishnan 2.Shivani @ Bhuvaneshwari 3.Vijayaganesh 4.Rajesh 5.Mani 6.Kavinraj 7.Sankar 8.Gopi ... Petitioners Vs.

1. The State of Tamil Nadu rep. by Inspector of Police, J-8, Neelankarai Police Station, Kancheepuram District, (Crime No.3826/2012)

2. Kumar ... Respondents Prayer : Petition filed under Section 482 of Cr.P.C., praying to call for the records relating to the chargesheet in PRC.No.80 of 2013 on the file of the learned Judicial Magistrate, Alandur, Kancheepuram District and to quash the same as against the petitioners.

For Petitioners : Mr.S.Anil Sandeep For Respondents : Mr.C.Emalias, Additional Public Prosecutor, (For R1) Mr.Kumar- R2 (pary-in-person)

ORDER

This petition has been filed by the petitioner praying to quash the chargesheet in P.R.C.No.80 of 2013 pending on the file of the learned Judicial Magistrate, Alandur, Kancheepuram District. The petitioners herein have been arrayed as accused in the said case.

2. The 2nd respondent/defacto-complainant has lodged a complaint as against the petitioners herein for the alleged offences punishable under Sections 147, 148, 341, 323, 294(b), 332, 379, 324 & 506(ii) IPC r/w Section 3(1) of TNPPDL Act, 1998. The 1st respondentPolice registered a case in Crime No.3826 of 2012. After completion of investigation, the 1st respondent-Police filed the final report and the same was taken on file in P.R.C.No.80 of 2013 on the file of the learned Judicial Magistrate at Alandur.

3. Now, the petitioners have come forward with the present petition seeking to quash the criminal proceedings.

4. Today, when the matter is taken up for consideration, the learned counsel for the petitioners submitted that the matter has been amicably settled between the parties. The 2nd respondent/defacto-complainant has also filed an consent affidavit stating that the matter has been settled between him and the petitioners and that he has no objection to quash the criminal proceedings.

The consent affidavit filed by the 2nd respondent/defacto-complainant is recorded.

5. Heard both sides and and perused the materials available on record.

6. Considering the facts and circumstances of the case and in view of the compromise arrived at between the parties, I am of the opinion that the criminal proceeding in P.R.C.No.80 of 2013 on the file of the learned Judicial Magistrate at Alandur, is liable to be quashed and accordingly, the same is quashed. The consent affidavit filed by the 2nd respondent/defacto-complainant shall form part of the order.

In fine, the criminal original petition is allowed. Consequently, connected Miscellaneous Petition is closed. ssv Sd/- Assistant Registrar (IV) /True Copy/ Sub-Assistant Registrar

To,

1. The Judicial Magistrate at Alandur.

2. The Chief Judicial Magistrate, Chengalpattu

3. The Inspector of Police, J-8, Neelankarai Police Station, Kancheepuram District.

4. The Public Prosecutor, Madras High Court, Madras.

+1 C.C. To MR.S.Anil Sandeep, Advocate in SR.NO.69619 Crl.O.P.No.30653 of 2013 and M.P.No.1 of 2013 PA(CO) sd : 27/01/2016