J.Harishankar, Aged 37 Years v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2016

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.20708 of 2016 and Crl.M.P. No.9634 of 2016 J.Harishankar ... Petitioner/Accused vs.

1.State: Inspector of Police All Women Police Station P.S.Madipakkam Chennai.

2.M.Arulselvi ... Respondents/Complainant& Defacto Complainant Criminal Original Petition filed under Section 482, Cr.P.C. seeking to call for the records in Cr.No.01 of 2014, on the file of Inspector of Police, All Women Police Station, Madippakkam, Chennai and quash the same.

For petitioner Mr.A.Saranraj For R1 Mr. C.Emalias, Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records in Cr.No.1 of 2014, on the file of Inspector of Police, All Women Police Station, Madippakkam, Chennai and quash the same.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. When the matter was taken up for hearing, learned Additional Public Prosecutor submitted that investigation in Cr.No.1 of 2014 was completed and charge sheet was filed on 06.01.2015 before the Judicial Magistrate, Alandur and the same has been returned by the Court for certain compliances on 21.09.2015. Since the investigation has been completed, the FIR cannot be quashed. However, the respondent police is directed to re-submit the charge sheet after rectification of the https://hcservices.ecourts.gov.in/hcservices/

defects before the Judicial Magistrate, Alandur within four weeks from the date of receipt of a copy of this order. On such re-presentation, the learned Judicial Magistrate is directed to pass judicial orders thereon.

4. The learned counsel for the petitioner submitted that the parties have almost arrived at a compromise and seeks leave of this Court to file a fresh quash application, in the event of the parties arriving at a compromise.

5. Accepting his submission, this petition is closed with liberty to the petitioner to file a fresh quash application, in the event of the parties arriving at a compromise, following the judgment of the Supreme Court in Narinder Singh and others vs. State of Punjab and another [(2014) 6 SCC 466]. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar To 1.

The Judicial Magistrate, Alandur.

The Inspector of Police All Women Police Station P.S.Madipakkam Chennai.

3.

The Public Prosecutor Madras High Court Chennai 600 104 Crl.O.P. No.20708 of 2016 msm[co] srg 24/11/2016 https://hcservices.ecourts.gov.in/hcservices/