John Bosco, M/A-48 Yrs v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.10.2016

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P. No.22330 of 2016 John Bosco Sathish Kumar @ Sathish Naresh Kumar @ Naresh Petitioners/ Accused 1 to 3 vs.

State represented by the Sub Inspector of Police Law & Order T-2, Ambattur Estate Police Station Ambattur Estate Chennai 600 058 1st Respondent/ Complainant S. Jeyaraj 2nd Respondent/ Defacto Complainant Criminal Original Petition filed under Section 482, Cr.P.C. seeking to call for the records in C.C. No.277 of 2016 on the file of the Judicial Magistrate, Ambattur and quash the same.

For petitioners Mr. G. Krishnakumar For R1 Mr. C. Emalias Addl. Public Prosecutor For R2 Mr. R. Murugan

ORDER

This Criminal Original Petition has been filed seeking to call for the records in C.C. No.277 of 2016 on the file of the Judicial Magistrate, Ambattur and quash the same.

2. On the complaint lodged by Jeyaraj, the respondent police registered a case in Cr.No.457 of 2015 and after completing investigation, have filed a Final Report in C.C.No.277 of 2016 before the Judicial Magistrate, Ambattur for offences u/s 323, 354, 506(i) IPC r/w 34 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, challenging which the accused are before this Court for quashing the prosecution, on the ground that the parties have arrived at a compromise.

3. It is the case of the prosecution that Jeyaraj/de facto complainant is the younger brother of John Bosco [A1]; Sathish Kumar [A2] and Naresh Kumar [A3] are the sons of John

Bosco [A1]. A quarrel ensued among the family members on 18.10.2015, in which it is alleged that the accused had assaulted the de facto complainant and his wife Sarala. Hence, the FIR and the Final Report.

4. Today, the accused John Bosco [A1], Sathish Kumar [A2] Naresh Kumar [A3] and the de facto complainant, S.Jeyaraj are present and they are identified by Ms.Sundari, Inspector of Police, T-2, Ambattur Estate Police Station, who is also present before the Court. S.Jeyaraj, the de facto complainant has filed an affidavit, in which it is stated as follows: "4. I submit that the said incident was happened in view of the fact that there is a sudden provocation made the petitioners to attack me. Thereafter on the intervention of the elders and family members the petitioners and I sort out our differences and settled our disputes amicably. In view of the said amicable settlement arrived between the parties I am agreed for quashing the above case and also filed the present affidavit that effect along with the quash petition."

In view of the above, this petition is allowed and the proceedings in C.C.No.277 of 2016 on the file of the Judicial Magistrate, Ambattur is hereby quashed. The petitioners are directed to pay costs of Rs.10,000/- [Rupees ten thousand only] to the Tamil Nadu State Judicial Academy, No.30(90), P.S.K.R.Salai, Greenways Road, R.A.Puram, Chennai-28, within a period of two weeks from the date of receipt of a copy of this order and file a memo of compliance to this Court. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar gms To The Sub Inspector of Police Law & Order T-2, Ambattur Estate Police Station Ambattur Estate Chennai 600 058.

The Judicial Magistrate, Ambattur.

The Director, Tamil Nadu State Judicial Academy, No.30(90), P.S.K.R.Salai, Greenways Road, R.A.Puram, Chennai-28 The Public Prosecutor High Court of Madras Chennai 600 104 1 cc to Mr.G. Krshnakumar, Advocate Sr. 66636 Crl.O.P.No. 22330 of 2016 VGI (CO) kk 2/12