Appasamy v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.Nos.14338 of 2012 and 19524 of 2015 and M.P.Nos.1 and 2 of 2014 & M.P.No.1 of 2015 1.Appasamy 2.Deivanai 3.Vanitha 4.Pargunan 5.Venkatesan .. Petitioners in Crl.OP.14338/2012 Kumaresan .. Petitioner in Crl.OP.19524/2015 Vs 1.The Inspector of Police W-17, All Women Police Station Sembiam Range, Peravallur Chennai 600 082.
2.Priyadharshini .. Respondents in both Crl.OPs Prayer:- Criminal Original Petitions filed under Section 482 Cr.P.C., to call for the records in C.C.No.744 of 2012 on the file of V Metropolitan Magistrate, Egmore, Chennai dated 23.02.2012 and quash the same.
For Petitioners : Mr.S.Y.Masood For R1 : Mr.C.Emalias, Addl.Public Prosecutor For R2 : Mr.R.Kishore Kumar COMMON ORDER These petitions have been filed to call for the records in C.C.No.744 of 2012 on the file of V Metropolitan Magistrate, Egmore, Chennai dated 23.02.2012 and quash the same.
2. On a complaint lodged by Priyadharshini [defacto complainant], the respondent police registered a case in Cr.No.9 of 2011 on 29.07.2011 under Sections 498A, 406, 313 and 384 IPC and after
completing the investigation, filed a Final Report in C.C.No.744 of 2012 before the learned V Metropolitan Magistrate, Egmore, Chennai for the said offences, challenging which the petitioners/accused are before this Court on the ground that, the matter has been amicably settled with the defacto complainant.
3. Today, Priyadharshini [defacto complainant] and Ms.G.Sasikala, WHC 18821,W-17 All Women Police Station, Peravallur are present before this Court. Priyadharshini [defacto complainant] has filed an affidavit, wherein she has stated as follows: "1. I am the deponent/defacto complainant herein and as such I am well acquainted with the facts of the case.
2. I preferred a complaint in Crime No.9/2011 before the above respondent police station against my husband and others. The Police laid charge sheet in C.C.No.744/2012 before V M.M.Egmore, Chennai. Due to A-1 abscondense, (A-1 Kumaresan) case was splitted into C.C.No.8784 of 2014 before V M.M.Chennai.
3. Now there are two quash petitions in Crl.O.P.No.14338/2012 against C.C.No.744/2012 and Crl.O.P.No.19524/2015 against C.C.No.8784/2014 are pending. In view of compromise aroused out of Court, I acknowledge an amount of Rs.17,40,000/- by two drafts [No.118338 dated 31.07.2015, for an amount of Rs.10,00,000/- drawn on KVB and No.675618 dated 24.07.2015 for an amount of Rs.7,40,000/- drawn on Indian Bank] and agreed to withdraw the criminal complaint. I further state that I have no objection to quash the proceedings in Crl.O.P.No.14338/2012 and Crl.O.P.No.19524/2015 pending on the file of this Hon'ble Court."
4. Learned Additional Public Prosecutor, on instructions from the respondent police submitted that Kumaresan [A1] did not appear before the V Metropolitan Magistrate, Egmore, in C.C.No.744 of 2012 and therefore, the case against him was split up and numbered as C.C.No.8784 of 2014.
5. In view of the above, these petitions are allowed and the prosecution in C.C.No.8784 of 2014 and C.C.No.744 of 2012 in Cr.No.9 of 2011 pending on the file of the V Metropolitan Magistrate, Egmore, Chennair are hereby quashed against all the accused. Consequently, connected miscellaneous petitions are closed. gms s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1.The Inspector of Police W-17, All Women Police Station Sembiam Range, Peravallur Chennai 600 082.
2.V Metropolitan Magistrate, Egmore, Chennai 3.The Public Prosecutor High Court,Madras.
+ 2 ccs to Mr.S.Y.Masood, Advocate SR 40465 ak(co) prk25/8 Crl.OP.Nos.14338 of 2012 and 19524 of 2015