Madras High CourtCRL OP/19299/2014allowed

Aravinda Nandhagopal v. The Inspector Of Police

2019-03-07Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.03.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.19299 of 2014 and M.P.No.1 of 2014

1. Aravinda Nandhagopal

2. Krishnamurthy .. Petitioners/Accused No.1 & 2 Vs.

1. State Rep by its The Inspector of Police, R-9, Valasaravakkam Police Station, Chennai - 600 087.

(Crime No.557 of 2014) ... 1st Respondent/Complainant

2. D.L.Sugumar .. 2nd Respondent/Defacto Complainant Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records in Crime No.557 of 2014 on the file of the 1st respondent and quash the same. For Petitioners: Mr.G.Krishna Kumar For R-1 : Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

For R-2 : No appearance

O R D E R

This Criminal Original Petition has been filed seeking to quash the FIR in Crime No.557 of 2014 on the file of the first respondent police.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the first respondent.

3. It is seen that all the allegations averred in the complaint are simple and trivial in nature. It is also seen that, before registered of the FIR, the petitioners have filed a suit before the Additional District Court No.III, Poonamallee. Therefore, it is nothing but the entire dispute is civil in nature and the offence registered in the crime have no substance and also the averments contained in the FIR do not constitute any offence.

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4. In view of the above, and that the FIR is pending from the year 2014, this Court inclined to quash the FIR in Crime No. 557 of 2014 on the file of the first respondent police.

5. Accordingly, this Criminal Original Petition is Allowed. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mpa/lpp To

1. The Inspector of Police, R-9, Valasaravakkam Police Station, Chennai - 600 087.(Cr.No.557 of 2014)

2. The Public Prosecutor, Madras High Court, Madras.

+1cc to Mr.G.Krishna Kumar, Advocate sr.21748 Crl.O.P.No.19299 of 2014 pm(co) nr 08/05/2019 https://hcservices.ecourts.gov.in/hcservices/