Kabilan M/A 47 Years, v. The Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.5568 and 23340 of 2015 Kabilan ... Petitioner in Crl.OP.5568/15 1.Nagappan 2.Raja @ Vaithialingam 3.Balamurugan 4.Govindan 5.Muralikrishnan 6.Sivakumar 7.Sreenivasan @ Siruthai Srinivasan 8.Gandhi 9.Gowthamaputhar ... Petitioners in Crl.OP.23340/15 Vs 1.The Sub Inspector of Police, H-1, Washermanpet Police Station, Chennai-21.

2.The Inspector of Police, H-1, Washermanpet Police Station, Chennai-21.

3.A.Danesh ... Respondents in both Crl.OPs Common Prayer : Criminal Original Petitions filed under Section 482 of Cr.P.C., praying to call for records in Cr.No.1488 of 2014 registered by the Sub Inspector of Police, Washermanpet Police Station, Chennai.

For Petitioner/s: Mr.K.Balakrishnan in both Crl.OPs For Respondents : Mr.C.Emalias, APP [for R1,R2] : Mr.K.Kalaiselvan [for R3]

C O M M O N O R D E R These petitions have been filed to quash the FIR in Crime No.1488 of 2014 on the file of the 1st respondent.

2. Heard the learned counsel for the petitioners; learned Additional Public Prosecutor for the respondents 1 and 2 and perused the materials placed on record.

3. On a complaint lodged by Danesh/3rd respondent herein, the respondent police registered a case in Crime No.1488 of 2015 on 22.11.2015 under Section 147, 148, 448, 427, 506[ii] IPC against the petitioners/accused herein, challenging which, the accused are before this Court for quashing the FIR on the ground that the parties have arrived at an amicable settlement. It appears that during the course of the investigation, the police themselves have deleted the offence under Section 427 IPC.

4. Today, the de facto complainant is present and he has filed a Compromise Memo, wherein, he has stated as follows: "1. The defacto complainant/3rd respondent submit that he gave a complaint on 22.11.2014 to the Inspector of Police, H-1, Washermanpet Police Station against the petitioners/A1 to A9 in the above Crl.OP.23340 of 2015 the said complaint was registered in Crime No.1488 of 2015 against the petitioners A1 to A9 and one Advocate Kabilan.

2. I further submit that after I gave the complaint my well wishers and to elders of my family advised me not precipitate the matter. The same would cause prolonged enmity between myself and the petitioners/A1 to A9. Hence, I decided not to press the criminal case given against the petitioners. Therefore I am not pressing the complaint given by me on 22.11.2014."

In view of the above, these petitions are allowed and the case in Crime No.1488 of 2014 is hereby quashed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar gya

To 1.The Sub Inspector of Police, H-1, Washermanpet Police Station, Chennai-21.

2.The Inspector of Police, H-1, Washermanpet Police Station, Chennai-21.

3.The Public Prosecutor, High Court, Madras.

CRL.OP.No.5568 and 23340 of 2015 aa18/11/2015