Vignesh v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.20046 of 2016 Vignesh ... Petitioner/Accused Vs

1. State Represented by The Inspector of Police, Law & Order, C-2, Elephantgate Police Station, Elephantgate, Chennai - 600 079.

2. Arthi ... Respondents/Complainants Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to quash the FIR in Crime No.1001 of 2016 pending on the file of Inspector of Police (Law & Order) C-2, Elephantgate Police Station, Elephant gate, Chennai - 600 079. For Petitioner :

Mr.A.Selvendran For R1 :

Mr.C.Emalias Additional Public Prosecutor For R2 :

Mr.Madhusuthanan

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.1001 of 2016 pending on the file of Inspector of Police (Law & Order) C-2, Elephantgate Police Station, Elephantgate, Chennai - 600 079.

2. Today, Mr.R.Kannan, Sub Inspector of Police, C-2, Elephantgate Police Station, Chennai - 600 079, is present. Arthi and her mother Fathima are also present before this Court.

3. Heard the learned counsel for the petitioner, the Additional Public Prosecutor appearing for the State and the learned counsel appearing for the second respondent.

4. On the complaint lodged by Arthi, the respondent police registered a case in Cr.No.1001 of 2016 on 30.07.2016 u/s 341, 324 and 506(ii) IPC and 4 of Tamil Nadu Prohibition of Harassment of Women Act, 1998 against the petitioner herein, for quashing which the petitioner is before this Court on the ground that the parties have arrived at a compromise.

5. It appears that Vignesh is none other than Fathima's brother's son. Since he is closely related to Arthi, the parties have arrived at a compromise pursuant to the intervention of the elders.

6. Arthi, the second respondent/de facto complainant has filed an affidavit, wherein, at paragraph 2 and 3, it is stated as follows:- "2. I submit that the Petitioner is the close relative of mine. There was some disagreement between myself and the petitioner and consequently on 30.07.2016 at 4.00 P.M. due to some altercation, unfortunately the accused without any intention pushed me down resulting in minor scratches. On the basis of the complaint lodged by my father, the respondent / Complainant booked the petitioner under sections 324, 341, 506(ii) of IPC and Section 4 of Tamil Nadu Prohibition of Harasment of Women Act, 1998.

3. The de facto complainant submits that the above incidents are true and both the family members have amicably settled the matter outside the court."

7. Fathima, the mother of the second respondent/de facto complainant and Vignesh, the petitioner herein have also filed individual affidavits. The parties are identified by the Sub Inspector of Police.

8. In view of the above, this petition is allowed and the FIR in Cr.No.1001 of 2016 is quashed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar kmi

To

1. The Inspector of Police, Law & Order, C-2, Elephantgate Police Station, Elephantgate, Chennai - 600 079.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.A.Selvendran, Advocate, S.R.No.50975 Crl.OP No.20046 of 2016 KK(CO) CA(27/09/2016)