Madras High CourtCRL OP/9672/2015disposed of

P.Thanga Thirupathi v. The Inspector Of Police

2015-06-19Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.9672 of 2015 1.P.Thanga Thirupathi (Alias) Thirupathi, 2.Lakshmi Prabha 3.T.Praveen Kumar 4.T.Hemaraj .. Petitioners Vs 1.The Inspector of Police, N-1,Royapuram Police Station, Chennai - 600 013.

2.P.Jayaraj ..

Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records in Cr.No.1261 of 2014 pending before the First Respondent and quash the same. For Petitioners :Mr.K.Kannan For Respondents :Mr.C.Emalias Additional Public Prosecutor

ORDER

On a complaint lodged by P.Jayaraj, the respondent police registered a case in Cr.No.1261 of 2014 on 12.10.2014 for offences under Sections 467, 465 and 420 I.P.C.against the petitioners herein.

2.During the pendency of the investigation, it appears that the petitioners (accused) and P.Jayaraj (defacto complainant) appear to have entered into an amicable settlement and therefore, they have come forward for quashing the FIR in Cr.No.1261 of 2014.

3. Today, P.Jayaraj, the defacto complainant is present before this Court and he has filed an affidavit in Tamil attested by Mr.G.R.Chandramohan, (Enrl.No.MS3876/2011) Advocate. In the affidavit, P.Jayaraj has stated that the first petitioner/accused is none other than his elder brother and the petitioners 2 to 4 are the children of the first petitioner/Thangathiruppathi. In other words, the complaint has been lodged by P.Jayaraj against his elder brother and his nephews and nieces. Since the matter is between the family members, they appear to have arrived at a settlement and therefore, they have appeared before this Court for quashing the FIR.

4.Today, this Court made enquiries with P.Jayaraj and he submitted that he has come on his own accord; that he filed the https://hcservices.ecourts.gov.in/hcservices/

affidavit voluntarily and further, the matter has been amicably resolved among the family members.

5. In view of the above and relying upon the judgment of the Hon'ble Supreme Court in Narinder Singh and others v. State of Punjab and another (2014)6 SCC 466], the FIR in Cr .No.1261 of 2014 is hereby quashed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar sms To 1.The Inspector of Police, N-1,Royapuram Police Station, Chennai - 600 013.

2.The Public Prosecutor, High Court, Madras.

2 cc to Mr..K.Kannan , Advocate Sr.No.30137/15 Crl.OP No.9672 of 2015 br(co) pmk.30.6.2015 https://hcservices.ecourts.gov.in/hcservices/