V.Gopal v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10-8-2015

CORAM:

THE HON'BLE MR. JUSTICE P.N.PRAKASH Criminal Original Petition No.22024 of 2012 V. Gopal

...Petitioner

Vs.

1.

State, rep.by the Inspector of Police, Theevattipatti Police Station, Salem District.

2.

P.A. Rajeswari Sub-Inspector of Police, Theevattipatti Police Station, Salem District.

...Respondents

Criminal Original Petition filed under Section 482 of Code of Criminal Procedure with a prayer to call for the records of the first respondent in Crime No.171 of 2012 dated 7.5.2012 (FIR) and quash the same.

For Petitioner :

Mr.R.Shanmugam SC for S.V.Karthikeyen For 1st Respondent :

Mr.C.Emalias, Additional Public Prosecutor For 2nd Respondent :

Mr.R.Srinivas

O R D E R

On a complaint lodged by P.A.Rajeswari, 2nd respondent herein, the first respondent Police registered a case in Crime No.171 of 2012 on 7.5.2012 under sections 332 and 506(i) IPC, against the petitioner herein.

2.

It is seen that the petitioner is a retired Superintendent of Police and that he had gone to the respondent Police Station as a Liaison Officer of an Insurance Company, in which he seems to be employed after retirement. At that time a quarrel ensued between the petitioner and the defacto complainant/second respondent herein, on account of which the case in Cr.No.171 of 2012 came to be registered against the petitioner.

3.

It is submitted by both sides that on the complaint given by the petitioner, the respondent Police registered a case in Cr.No.303 of 2014 under sections 465, 468, 471 and 420 IPC against the defacto complainant/second respondent herein. Challenging the FIR in Cr.No.303 of 2014, P.A. Rajeswari, the second respondent/defacto complainant filed Crl.O.P.No.18168 of 2015 before this Court, and recording the submission of the learned Additional Public Prosecutor that the investigation in Cr.No.303 of 2014 was completed by the Police and a closure report was also filed before the concerned Magistrate, this Court closed Crl.O.P.No.18168 of 2015 on 23.7.2015.

4.

Now it appears that the petitioner herein and the second respondent herein/defacto complainant have resolved their dispute, on account of which Mr.R.Srinivas, learned counsel appearing for the second respondent submitted that he has no objection in quashing the FIR in Cr.No.171 of 2012. Learned counsel appearing for the petitioner also gave an undertaking that his client will not agitate against the closure of the case in Cr.No.303 of 2014, filed by the petitioner against the second respondent herein/P.A. Rajeswari. 5.

Recording the above submissions, the FIR in Cr.No.171 of 2012 on the file of the Theevattipatti Police Station, Salem District, is quashed and this Criminal Original Petition stands allowed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar vr

To

1. The Inspector of Police, Theevattipatti Police Station, Salem District.

(Cr.No.171 of 2012)

2. The Sub Inspector of Police (P.A.Rajeswari) Theevattipatti Police Station, Salem District.

3. The Public Prosecutor, High Court, Madras.

1 CC to Dr.R.Gopinath, Advocate SR.No. 41926 Crl.O.P.No.22024 of 2012 KSJ (CO) PSI (21.08.2015)