K.Gajalakshmi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.2105 of 2014 and Crl.M.P.No.1 of 2014 1.K.Gajalakshmi 2.Gomathi 3.Kumaresan 4.Logesh Babu 5.Kalai Selvi ... Petitioners Vs.

1.State Rep. by, The Inspector of Police, All Women Police Station, Vandavasi, Thiruvannamalai District.

(Crime No.11 of 2012) 2.K.Swetha @ Subhashini

...Respondents

PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records relating to Crime No.11 of 2012 on the file of All Women Police Station, Vandavasi, Thiruvannamalai District and Quash the same.

For Petitioners: Mr.J.C.Durairaj For R1 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor For R2 : Mr.V.Manimaran

ORDER

This petition has been filed to call for the records relating to Crime No.11 of 2012 on the file of All Women Police Station, Vandavasi, Thiruvannamalai District and Quash the same.

2. The learned counsel for the petitioner would submit that the matter has been settled between the parties as such he prays for quashment of FIR in Crime No.11 of 2012 on the file of the All Women Police Station, Vandavasi, Thiruvannamalai District.

3. It is seen that a compromise memo was entered between https://hcservices.ecourts.gov.in/hcservices/

the defacto complainant / the second respondent and the petitioners on 19.12.2018, pursuant to which an undertaking has been executed by the defacto complainant on 19.12.2018. Moreover counter affidavit dated 25.02.2019 has also been filed by the second respondent before this Court, wherein in paragraph 10, it is stated as follows:

"10. I humbly submit considering the betterment and my further peaceful life and since the matter was amicably settled between us, the continuation of criminal proceedings against the petitioners and the first accused is unwarranted and un-sustainable. Therefore, I hereby give my consent to quash the F.I.R. in crime number 11/2012 on the file of 1st Respondent Police."

4. The said counter affidavit dated 25.02.2019 forms part and parcel of this order and this Court is inclined to allow the prayer sought for by the petitioner.

5. Accordingly, the proceedings in Crime No.11 of 2012 on the file of All Women Police Station, Vandavasi, Thiruvannamalai District is quashed. Consequently, connected miscellaneous petition is closed.

Xerox Copy of Counter Affidavit attached.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar pds/lok To

1. The Inspector of Police, All Women Police Station, Vandavasi, Thiruvannamalai District.

2.The Public Prosecutor, High Court of Madras.

+1cc to Mr.R.Sasikumar, Advocate, S.R.No. 18601 Crl.O.P.No.2105 of 2014 and Crl.M.P.No.1 of 2014 SPD(CO) GN(04/04/2019) https://hcservices.ecourts.gov.in/hcservices/