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Madras High CourtCRL OP/12446/2018allowed

Karthik Ganapathy, v. The State Rep By Its,

2018-04-26Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No. 12446 of 2018

1. Karthik Ganapathy

2. Vijayalakshmi

3. Sankarasubbu

4. Nisha ... Petitioners/Accused 1 to 4 Vs.

1. The State rep. by The Inspector of Police W-20 All Women Police Station Saidapet Chennai - 600 015 .. 1st Respondent /Complainant

2. A. Karpagavalli @ Divya .. 2nd Respondent/Defacto Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure praying to call for records in Crime No.1 of 2018 now pending investigation on the file of the first respondent and quash the same and pass such further orders.

For Petitioners : Mr. R.S. Kirubakaran For Respondents : Mrs. P. Kritika Kamal Govt. Advocate (Crl. Side) for R1 Mr. V. Suresh KUmar for R2

ORDER

The relief sought for in this petition is to quash the proceedings in Crime No.1 of 2018 now pending investigation on the file of the first respondent.

2. On the complaint lodged by the 2nd respondent, the 1st respondent have registered a case in Cr. No. 1/2018 on 06.02.2018 for the offences under Section 498 A and 406 IPC, for quashing which this petition has been filed on the ground that the parties have arrived at a compromise.

3. Today, Mrs. C. Uvarani, Inspector of Police, W-20 All Women Police Station, Saidapet was present in the Court.

All the four petitioners and the 2nd respondent are also present. The 2nd respondent has filed an affidavit dated 24.04.2018 wherein it is stated as follows:

" 1. I submit that I am the 2nd respondent in the quash petition and the defacto complainant in Crime No.1 of 2018 on the file of the Inspector of Police, W-20 All Women Police Station, Saidapet, Chennai and the same is pending investigation on the file of the 1st respondent. I have carefully read the contents of the quash petition filed by the petitioner herein. The averments in the quash petition are true and correct. I most respectfully state that this Hon''ble Court may be pleased to allow the quash petition in view of the compromise arrived between myself and the petitioner herein, who is my husband. I further submit that along with the petitioner his mother Vijayalakshmi, his father Sankarasubbu and his sister Nisha have also approached this Hon'ble Court in the above petition to quash the proceedings of FIR in Crime No.1 of 2018 pending investigation on the file of the 1st respondent police. For which I now concede and gives consent to quash the FIR proceedings in Crime No.1 of 2018 pending investigation on the file of the 1st respondent."

4. In view of the above, this petition is allowed and the proceedings in Cr. No. 1/2018 is hereby quashed. -Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To

1. The Inspector of Police W-20 All Women Police Station Saidapet Chennai - 600 015

2.The Public Prosecutor, Madras High Court, Chennai.

• 1 cc to Mr.R.S.Kirubakaran, Advocate Sr.No.32086 • 1 cc to Mr.Suresh, Advocate Sr.No.32053 Crl.O.P.No.12446 of 2018 MR(CO) RRI 11/05/2018