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Madras High CourtCRL OP/1261/2018allowed

B.Gunasekaran, v. State By,

2018-02-07Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No. 1261 of 2018 B.Gunasekaran ..Petitioner Vs

1. State rep. By The Inspector of Police, W-9, All Women Police Station Villivakkam, Chennai-600 049.

(Crime No 2/2011) 2.L.Priya ..Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C.No.3174 of 2011 pending on the file of the learned X Metropolitan Magistrate, Egmore, Chennai and quash the same.

For Petitioner : M/s.L.Rajasekar For Respondents: Ms.P.Kritika Kamal - For R1 : Mrs.K.Santha Kumari - For R2

O R D E R

The prayer sought for in the present petition is to call for records in C.C.No.3174 of 2011 pending on the file of the learned X Metropolitan Magistrate, Egmore, Chennai and quash the same.

2. It is submitted that, pending Criminal Original Petition, the petitioner and the 2nd respondent/defacto complainant have amicably resolved the dispute between themselves.

3. Both the learned counsel have identified the de-facto complainant, who is present before this Court today. In order to identify the petitioner, the petitioner has submitted the photo copy of his Aadhar Card viz.,B.Gunasekaran - 304920579391 and the defacto complainant has submitted the photo copy of her Voters' Identity Card B.Priya - UXV0553297 and after verification of the original, the same is recorded. https://hcservices.ecourts.gov.in/hcservices/

4. Today, an Affidavit dated 23.01.2018 was also filed by the 2nd respondent/defacto complainant to the effect that she has no objection to quash the proceedings in C.C.No.3174 of 2011 pending on the file of the learned X Metropolitan Magistrate, Egmore, Chennai .

5. Recording the same, the proceedings in C.C.No.3174 of 2011 pending on the file of the learned X Metropolitan Magistrate, Egmore, Chennai is quashed. The Criminal Original Petition is allowed.

6. The Affidavit filed by the 2nd respondent/defacto complainant dated 23.01.2018 shall form part of the order. s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar vv To

1. The Inspector of Police, W-9, All Women Police Station Villivakkam, Chennai-600 049.

2. The Public Prosecutor High Court, Madras.

3. The X Metropolitan Magistrate, Egmore, Chennai.

4. The Chief Judicial Magistrate, Egmore, Chennai. +2 CCS to Mr.L. Rajasekar, Advocate sr 9579.

+1 CC to Mr.K. Santha kumari, Advocate sr 10017. Crl.O.P.No. 1261 of 2018 SP(19/02/2018) https://hcservices.ecourts.gov.in/hcservices/