Srinivasan (Aged 49 Years) v. State Of Tamil Nadu Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.11.2016
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. Nos.20551 and 22900 of 2016 Srinivasan ... Petitioner in Crl.OP.20551/2016 Swathi ... Petitioner in Crl.OP.22900/2016 vs.
1.State of Tamil Nadu rep by Inspector of Police M-3 Puzhal Police Station Tiruvellore District.
... R1 in both Crl.OPs.
Swathi ... R2 in Crl.OP.20551/2016 Srinivasan Venkatapravalika ...R2 and R3 in Crl.OPs.22900/2016 Criminal Original Petitions filed under Section 482, Cr.P.C. seeking to call for the records in Cr.Nos.694 and 695 of 2016 on the file of the Inspector of Police, M-3, Puzhal Police Station, Tiruvellore District and quash the same proceedings by allowing this petition.
For petitioner Mr.R.Arun Kumar [Crl.OP.20551/2016] Mr.S.Sugendran [Crl.OP.22900/2016] For R1 Mr. C.Emalias, [in both Crl.OPs.] Additional Public Prosecutor For R2 Mr.S.Sugendran [Crl.OP.20551/2016] COMMON ORDER These Criminal Original Petitions have been filed to call for the records in Cr.Nos.694 and 695 of 2016 on the file of the Inspector of Police, M-3, Puzhal Police Station, Tiruvellore District and quash the same.
2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the State.
3. On the complaint lodged by Swathi, the respondent police registered a case in Cr.No.694 of 2016 on 07.07.2016 u/s 147, 294(b), 448, 324 and 506(ii) IPC against Srinivasan, Malathi, Balaji, Malleshwari, Sharathkumar, Venkatapravalika, Gopi and one another. On the complaint lodged by Venkatapravalika, the respondent police registered a case in Cr.No.695 of 2016 on 07.07.2016 u/s 294(b), 324, and 506(ii) IPC against Swathi and an unnamed Advocate.
4. Now, the accused and the de facto complainant in both the cases have arrived at a compromise and they have filed the aforesaid two petitions for quashing the two FIRs, Swathi is before this Court and she has filed an affidavit, wherein it is stated as follows:
"6. I state that after discharging from the hospital I had gave a letter to the Inspector of Police, M3 Puzhal Police Station, on 18.08.2016 stating that the dispute between me, the petitioner/accused herein and his family members and relatives are compromised and request the Inspector of Police not to proceed further with the above said complaint.
7. I submit that further I sworn an affidavit on 18.08.2016 stating that the property dispute between the petitioner/accused and his relatives arrived into a compromise and I had received my share amount a sum of Rs.7,00,000/- and further agreed that I did not claim in the property vide Survey No.1274/1, 1474.1A1A & 1474.1B, Bhavani Nagar vide Patta Nos.330, 3691 in situated at Ward No.26, Madura Lakshmipuram Village, Madhavaram, Tiruvellore District. Further I had executed the sworn affidavit to that effect and written a letter dt.18.08.2016 to the Inspector of Police, that the matter has been amicably settled and I had received my share in the above said property. I state that kindly accept my affidavit and pass necessary orders in the said quash petition filed by the petitioners/accused in this regard."
5. Venkata Pravalika and her father Srinivasan have filed a joint affidavit, wherein it is stated as follows:
"6. The petitioners state that the dispute between the defacto complainants and the said Swathi, and her family members and relatives are compromised and request the Inspector of Police not to proceed further with the above said complaint.
7. I submit that further I sworn an affidavit on 18.08.2016 stating that the property dispute between the petitioner/accused and her relatives arrived into a compromise and the petitioner/accused (Swathi) had received a sum of Rs.7,00,000/- from the defacto complainants and further agreed that she did not claim in the property vide Survey No.1274/1, 1474.1A1A & 1474.1B, Bhavani Nagar vide Patta Nos.330, 3691 Nn situated at Ward No.26, Madura Lakshmipuram Village, Madhavaram, Tiruvellore District. Further she had executed the sworn affidavit to that effect and written a letter dt.18.08.2016 to the Inspector of Police, that the matter has been amicably settled and she had received her share in the above said property. We state that that kindly accept our affidavit and pass necessary orders in the said quash petition filed by the petitioner/accused in this regard."
In view of the above, both the petitions are allowed and the FIR in Cr.Nos.694 and 695 of 2016, are quashed in respect of all the accused, including those who have not approached this Court. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To The Inspector of Police, M-3, Puzhal Police Station, Tiruvellore District.
The Public Prosecutor Madras High Court Chennai 600 104 +2cc to Mr.Arunkumar, Advocate Sr.61818 +2cc to Mr.Sugendran, Advocate Sr.61817 Crl.O.P. Nos.20551 and 22900 of 2016 mg[co] srg 23/11/2016