G.Parameswari v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.Nos.17025 & 17061 of 2021 and Crl.M.P.No.9314 of 2021 &9330 of 2021 G.Parameswari ... Petitioner in Crl.O.P.
No.17025 of 2021 and 1st petitioner in Crl.O.P.
No.17061 of 2021.
M.Gopinathan ... 2nd petitioner in Crl.O.P.
No.17061 of 2021.
Versus
State By The Inspector of Police, H-5, New Washermanpet Police Station, Chennai (Crime No.631 of 2019) ... Respondent in both Crl.O.Ps.
COMMEN PRAYER: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to call for the entire records connected with the FIR in Crime Nos.633 of 2019 & 631 of 2019 Respondent on the file of the Respondent police herein and quash the same.
For Petitioner :
Mr.K.Kannan For Respondent :
Mr.A.Damodaran, Additional Public Prosecutor COMMON ORDER These criminal original petitions have been filed to call for the entire records connected with the FIR in Crime Nos.633 of 2019 & 631 of 2019 on the file of the Respondent police herein and quash the same.
2.The petitioners and the defacto complainant are the landlord and tenant. There was some landlord and tenant dispute, which led to the complaint against each other. There are six FIRs filed by the defacto complainant against the petitioner and
her husband and one FIR filed by the petitioners against the defacto complainant.
3.Now, it is submitted that a compromise has been arrived at. The advance amount, which was in dispute, has been repaid to the satisfaction of the defacto complainant. The issue has been resolved on 12.12.2020, there is no other issue pending between them. The defacto complainant Ganga Kanwar died on 07.02.2020 in her native place at Rajasthan. The death certificate of the defacto complainant is produced. Now, C.Rekha daughter of the defacto complainant Ganga Kanwar has come forward and given withdrawal letter representing her mother and she confirms the compromise.
4.The learned Additional Public Prosecutor submits that there are six FIRs against the petitioners and one against the defacto complainant. The death of the defacto complainant Ganga Kanwar is not informed to the respondent police. In view of the same, the petitioner viz. G.Parameswari along with her husband Gopinathan and C.Rekha daughter of the defacto complainant Ganga Kanwar is to appear before the respondent police on 04.10.2021 at 10.00 a.m. along with compromise deed, if any entered, death certificate of the defacto complainant viz., Ganga Kanwar, legal heir certificate and no objection certificate given for withdrawal of the case. 5.Recording the same and finding that the dispute is civil in nature, the respondent police is to close the FIRs against each other, if there is no prohibition and thereafter, report before the Court on 07.10.2021.
6.With the above direction, the criminal original petitions are disposed of. Consequently, connected miscellaneous petitions are closed.
Post the matter on 07.10.2021 for reporting complaisance. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar drm/sms
To
1. State By The Inspector of Police, H-5, New Washermanpet Police Station, Chennai (Crime No.631 of 2019)
2. The Public Prosecutor, High Court, Madras.
Crl.O.P.Nos.17025 & 17061 of 2021 and Crl.M.P.No.9314 of 2021 &9330 of 2021 CT(CO) CT(28/09/2021)