M.Wilson v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.08.2016
CORAM
THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.19467 of 2016 M. Wilson Petitioner Vs State represented by the Inspector of police Central Crime Branch (Land Grabbing) - Team II Vepery Chennai 600 007 MLM Sundaram Respondents Criminal Original Petition filed under Section 482 Cr.P.C., to call for the records in Crime No.71 of 2012 pending on the file of the first respondent and to quash the same. For petitioner Mr. S.P. Siva Pradosh For R1 Mr. C. Emalias Addl. Public Prosecutor For R2 Mr. R. Subburaj
ORDER
This Criminal Original Petition is filed to call for the records in Crime No.71 of 2012 pending on the file of the first respondent and to quash the same.
For the sake of convenience, the parties are referred to by their name.
On the complaint given by MLM. Sundaram, the second respondent herein, the first respondent police registered a case in Crime No.71 of 2012 on 08.06.2012 u/s 420, 465, 468 and 471 read with Section 34 IPC against Sakunthala Ammal (A1), Ganesan (A2) and Wilson (A3), challenging which, Wilson (A3) is before
this Court for quashing the FIR on the ground that the parties have arrived at an amicable settlement.
Today, MLM. Sundaram/de facto complainant and Wilson (A3) are present before this Court and they are identified by Ms. M.R. Manjula, Inspector of Police, CCB, Team-26, who is also present before this Court. MLM Sundaram has filed an affidavit, wherein, he has stated as follows:
"5 I most humbly submit that I had lodged a complaint dated 12/5/2012 with the respondent police against Mrs. Shakunthala Ammal, O. Ganesan and this petitioner. The respondent police on receipt of the complaint lodged a FIR in Crime No.71 of 2012 dated 08.06.2012 arraying Mrs. Shakunthala Ammal as (Accused1), O. Ganesan as (Accused-2) and this petitioner as (accused-3) for offences u/s 420,465,468,471 r/w 34 of IPC.
I most humbly submit that the petitioner in this case Mr. Vilson is an innocent purchaser and when it came to his knowledge that this property belonged to me he executed a deed of cancellation of sale deed on 28.06.2012 with accused-2 which got to be registered as document no.4324 of 2012 with the SRO Padappai. The other accused-1 and accused-2 has also done the same and have executed cancellation of sale deed on 28.06.2012 which got to be registered as Document No.43232 of 2012.
I most humbly submit that I am enjoying free and peaceful possession of the said property. Therefore, consider the above facts that I am inn possession of the said property and that the petitioner is being a innocent purchaser I am wiling to settle the issues between me and the petitioner on my free will. I further state that I have no other claim against the said petitioner in any manner whatsoever with this petitioner. Hence, I do not to intend to proceed with the case further.
I further submit that for the confirmation of above mutual settlement we have file this affidavit and appear before this Court in person to confirm the above mutual settlement duly entered between us. In the light of the facts both of us assure that we have settled the issues and have no further claims against each other and would not have any further court proceeding pertaining to the above issue against each other.
I am filing this affidavit to bring the above facts on record of this Hon'ble Court and pray that this Hon'ble Court may accept my affidavit and quash proceedings in Cr.No.71 of 2012 pending on the file of the first respondent."
In view of the above, the FIR in Crime No.71 of 2012 on the file of the first respondent police is quashed against all the accused, including the ones who have not approached this Court and this Criminal Original Petition is allowed. Sd/- Asst. Registrar.
/true copy/ Sub Asst. Registrar.
cad To The Inspector of Police Central Crime Branch (Land Grabbing) - Team II Vepery Chennai 600 007 The Public Prosecutor High Court of Madras Chennai 600 104 +2 CC to Mr. S.P. Sivepradash, Advocate Sr.NO.49455 Crl.O.P. No.19467 of 2016 AD (CO) MD : 20/09/2016