Saravanan, Aged 28 Years, v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH CRL.O.P.No.15959 of 2018 1.Saravanan 2.Shanthosh 3.Arul @ Arunkumar 4.Guna .. Petitioner/A1 to A4 Vs 1.State rep. by The Inspector of Police, Tiruvannamalai Police Station, Thiruvannamalai District.

..1st Respondent/Complainant 2.Malar .. 2nd Respondent/Defacto Complainant Criminal Original Petition filed under Section 482 Cr.P.C., praying to call for the records in C.C.No.54 of 2015 pending on the file of the Judicial Magistrate-I, Thiruvannamalai, Thiruvannamalai District and quash the charge sheet pending against the petitioners.

For Petitioner : Mr.S.Silambuselvan For 1st Respondent : Ms.P.Kritika Kamal, GA [Crl. Side]

O R D E R

This petition has been filed to quash the proceedings in C.C.No.54 of 2015 on the file of the Judicial Magistrate Court No.I, Thiruvannamalai.

2.Heard the learned counsel for the petitioner; the learned Government Advocate [Crl. Side] for the 1st respondent and perused the materials placed on record.

3.On the complaint lodged by the 2nd respondent, the 1st respondent registered a case in Crime No.46 of 2015 and after completing the investigation, has filed a charge sheet in C.C.No.54 of 2015 before the Judicial Magistrate No.I, Thiruvannamalai against the petitioners herein for the offences under Sections 294[b], 323 and 506[ii] IPC. Under such circumstances, this quash petition has been filed for quashing the prosecution, on the ground that the parties have entered

into a compromise.

4.Malar, the de facto complainant is present and she has filed an affidavit, wherein, in paragraph No.3 and 4, it is stated as follows :

"3.I submit that myself and the petitioners are residing in the same street in the Thiruvannamalai Town, and they are known to each other. Due to some misunderstanding this complaint was lodged against the petitioners. I submit that after registration of this complaint both the families amicably settled the case and went compromise.

4.I submit that I had no objection to quash the charge sheet pending against the petitioners." 5.In view of the above, this petition is allowed and the proceedings in C.C.No.54 of 2015 is hereby quashed in respect of all the accused, on condition that the petitioners pay a sum of Rs.1,000/- each to the credit of the Chief Justice Relief Fund [payable in Accounts Section of the High Court Registry], within a period of two weeks from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar gya To 1.The Judicial Magistrate Court No.I, Thiruvannamalai.

2.The Inspector of Police, Tiruvannamalai Town Police Station, Thiruvannamalai District.

3.The Section Officer, Accounts Section, High Court, Madras.

4.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.S. Silambu Selvan, advocate sr 40670. CRL.OP.No.15959 of 2018 SS(CO) SP(04/07/2018)