Gowri Shankar, Aged 29 Years v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2018
CORAM:
THE HON'BLE MR. JUSTICE P.N. PRAKASH Crl.O.P. No.17252 of 2018 Gowri Shankar Rahman Petitioners/Accused vs.
State represented by the Inspector of Police R-4, Soundarapandiyanar Bazaar Police Station T. Nagar Chennai 600 017 Respondent/Complainant H. Ibrahimsha Respondents/Defacto Complainant Criminal Original Petition filed under Section 482 Cr.P.C. seeking to call for the entire records in Cr. No.1479 of 2017 on the file of the Inspector of Police, R-4, Soundarapandiyanar Bazaar Police Station against the petitioners and quash the same.
For petitionersMr. Abdul Saleem For R1 Mr. C. Iyapparaj Addl. Public Prosecutor For R2 Mr. S. Elambharathi
ORDER
This Criminal Original Petition has been preferred seeking to call for the entire records in Cr. No.1479 of 2017 on the file of the Inspector of Police, R-4, Soundarapandiyanar Bazaar Police Station against the petitioners and quash the same.
On the complaint lodged by the second respondent, the first respondent police registered a case in Cr. No.1479 of 2017 on 05.12.2017 under Sections 406 and 420 IPC against the petitioners herein, for quashing which, this Criminal Original Petition has been filed.
Today, the petitioners and the second respondent as well are present before this Court and they are identified by Mr. K.R.Senthil Kumar, Inspector of Police, R-4, Soundarapandianar Police Station, T. Nagar, who is also
present before this Court.
The second respondent has filed an affidavit today, wherein, it has been stated that the parties have arrived at an amicable settlement and that he has no objection in the FIR against the petitioners being quashed. The relevant paragraphs of the said affidavit reads thus:
"2 I submit that the petitioners were my employees. During the course of their employment, they have misappropriated money and I have preferred a complaint against the petitioners under Sections 406 and 420 IPC.
I submit that myself and petitioners have entered into an amicable settlement of the dispute among ourselves on the intervention of elders and well wishers.
In the above circumstances, I have no objection for quashing the FIR being Cr. No.1479 of 2017 on the file of the Inspector of Police, R-4, Soundarapandiyanar Bazaar Police Station.
I crave leave of this Hon'ble Court to take this affidavit on record and quash the FIR being Cr. No.1479 on the file of the Inspector of Police, R-4, Soundarapandiyanar Bazaar Police Station and render justice."
In view of the above, the prosecution in Cr. No.1479 of 2017 on the file of the Inspector of Police, R-4, Soundarapandianar Bazaar Police Station is quashed and as a sequel, this Criminal Original Petition is allowed on condition that the petitioners shall pay a sum of Rs.1,000/- each (totally Rs.2,000/-) as costs 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.
Sd/- Assistant Registrar(ccc) //True Copy// Sub Assistant Registrar cad To The Inspector of Police R-4, Soundarapandiyanar Bazaar Police Station T. Nagar Chennai 600 017
The Section Officer Accounts Section High Court of Madras Chennai 600 104 The Public Prosecutor Madras High Court Chennai 600 104 4 The Section Officer Criminal Section High Court, Madras +1cc to M/s.S.Elambharathi, Advocate Sr.No.54608 +1cc to M/s.Abdulsaleem, Advocate Sr.no.54607 +1cc to M/s.Abdulsaleem, Advocate Sr.no.54607 dt.28.8.2018 RSI(CO) sm:20.8.2018 Crl.O.P. No.17252 of 2018