Madras High CourtCRL OP/5913/2015allowed

Kavtiha Shenbagam v. The Inspector Of Police

2017-12-19Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.12.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.5913 of 2015 and Crl.M.P.No.1 of 2015 1.Kavitha Shenbagam 2.Thirumavallavan 3.Ramasamy ..Petitioners/Accused 1 to 3 Vs

1. State rep. by its Inspector of Police, J-7, Velacherry Police Station, Chennai.

2. Mahesh ..Respondents/Complainant Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to call for the records in C.C.No.5182 of 2014 in Cr.No.501 of 2010 on the file of 18th Metropolitan Magistrate Court, Saidapet, Chennai-15 and quash the same and illegal ad not maintainable pending disposal of the above Criminal Original Petition.

For Petitioners : Mr.R.Karthikeyan For Respondent 1 : Mr.C.Iyyapparaj Additional Public Prosecutor For Respondent 2 : M/s.B.Sathish Sundar

O R D E R

The prayer sought for in the present petition is to call for the records in C.C.No.5182 of 2014 in Cr.No.501 of 2010 on the file of the 18th Metropolitan Magistrate Court, Saidapet, Chennai-15 pending disposal of the above Criminal Original Petition.

2. Pending Criminal Original Petition, the petitioners and the 2nd respondent/defacto complainant have amicably resolved the dispute between themselves.

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3. In order to identify themselves, the petitioners and the 2nd defacto complainant / 2nd respondent have submitted the photo copies of their Aadhar Cards viz., R.Kavitha Shenbagam - 339241013227, 2. R.Thirumavallavan - 423341787270, 3. Ramasamy - 343048406577 and Magesh - 243184415233 and after verification of the original cards, the same are recorded.

4. Today, Common Affidavit dated 19.12.2017 was also filed by the 2nd respondent/defacto complainant to the effect that he has no objection to quash the proceedings in Crime No. 501 of 2010 pending on the file of the 18th Metropolitan Magistrate Court, Saidapet, Chennai-15 .

5. Recording the same, the proceedings in Crime No. 501 of 2010 pending on the file of the 18th Metropolitan Magistrate Court, Saidapet, Chennai-15 is quashed. The Criminal Original Petition is allowed. Consequently, the connected Miscellaneous Petition is closed.

6. The Common Affidavit filed by the 2nd respondent/defacto complainant dated 19.12.2017 shall form part of the order. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar nmm To 1.The Inspector of Police, J-7, Velacherry Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.R. Karhtikeyan, Advocate sr 91654. +1 cC to Mr.B. Sathish Kumar, advocate sr 90735 Crl.O.P.No.5913 of 2015 NRJK(CO) SP(19/01/2018) https://hcservices.ecourts.gov.in/hcservices/