N.Jayaraman, M/A 75 Years, v. The State Rep By Its,

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.12527 of 2018 N. Jayaraman Petitioner vs.

State represented by the Inspector of Police R-8 Vadapalani Police Station Cr. No.221 of 2015 Chennai City K.R. Dhanapal Respondents Criminal Original Petition filed under Section 482 Cr.P.C. seeking to call for the records in Cr. No.221 of 2015 on the file of the first respondent and quash the same. For petitioner Mr. E. Narayanan For R1 Mr. C. Raghavan Govt. Advocate (Crl. Side) For R2 Mr. R. John Sathyan

ORDER

This Criminal Original Petition has been preferred seeking to call for the records in Cr. No.221 of 2015 on the file of the first respondent and quash the same.

On the complaint lodged by the second respondent, the first respondent police have registered a case in Cr. No.221 of 2015 on 24.01.2015 against the petitioner and some others under Sections 448 and 380 IPC, for quashing which, this Criminal Original Petition has been filed.

Today, N. Jayaraman, the first accused and K.R. Dhanapal, the de facto complainant are present before this Court today and they are identified by Mr.V.Shanmugam, Sub Inspector of Police, R-8 Vadapalani Police Station, who is also present before this Court today.

The parties have filed a joint compromise memo, wherein, it has been stated as under:

"2 We submit that at the instance of the elders in the society have decided to bury the differences between us and give a quietus to the case and had entered into a Memorandum of Understanding dated 16.04.2018 and whereby, I, K.R. Dhanapal have no objection to quash the case in C. No.221 of 2005 on the file of the respondent.

3.

We hereby acknowledge that this Memorandum of Understanding is free from coercion or undue influence but as a bona fide attempt to reconcile the differences between us and settle the issues at the instance and intervention of elders.

We pray that this Hon'ble Court may be pleased to consider the joint compromise memo with the accompanying memorandum of grounds of criminal original petition and the memorandum of understanding dated 16.04.2018 and quash the case in Cr. No.221 of 2015 on the file of the first respondent and thus render justice."

In view of the above, the prosecution in Cr. No.221 of 2015 on the file of the first respondent police is quashed in respect of all the accused, on condition that the petitioner pays a sum of Rs.2,000/- 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, this Criminal Original Petition is allowed. Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar cad

To The Inspector of Police R-8 Vadapalani Police Station Chennai City The Public Prosecutor High Court of Madras Chennai 600 104 The Section Officer, Account Section, High Court, Madras.

The Section Officer, Original Section, High Court, Madras.

Crl.O.P. No.12527 of 2018 (CS-DR) EU(29/06/2018)