Dhananjay Kumar, v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :02.08.2018

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.19370 of 2018 and Crl.MP.No.10241 of 2018 Dhananjay Kumar Logistic Officer, Jubilant Agri and consumer produces Ltd., Uttar Pradesh

...Petitioner

vs 1.

The State Represented by The Inspector of Police M3-Puzhal Police Station Chennai-600 066.

Crime.No.509/18 dt.23.7.2018 2.

C.V.Suresh Senior Manager, C/o.Logi Wae, supply chain solutions, Puzhal, Chennai 66 ... Respondents Criminal Original Petition has been filed under Section 482 Cr.P.C to call for the records and quash the investigation in Crime No.509 of 2018 dated 23.07.2018 on the file of the 1st respondent police registered for offences under Sections 379 and 511 IPC.

For Petitioner : Mr.C.Arun Kumar For Respondents : Mr.C.Raghavan, Government Advocate (Crl. Side) For R1 Mr.J.Ravikumar, for R2

O R D E R

This Criminal Original Petition has been filed to call for the records and quash the investigation in Crime No.509 of 2018 dated 23.07.2018 on the file of the 1st respondent police registered for the offences under Sections 379 and 511 IPC.

2. On the complaint lodged by the second respondent, the first respondent police has registered a case in Crime No.509 of 2018 for the offences under Sections 379 and 511 IPC against the petitioner herein, for quashing which, this petition has been filed on the ground that the petitioner and the second respondent have arrived at a compromise.

3. Today, the second respondent/de facto complainant is present before this Court and represented by his counsel Mr.J.Ravikumar.

4. It is seen that the accused and the de facto complainant have entered into a Deed of Compromise and Settlement Agreement dated 31.07.2018 and relevant portion is as under:

"That subject to above C&F Agent hereby specifically agree that before encashment of Cheque for receiving the settlement amount they will withdraw the below Court case and police complaint's;

* Criminal Complaint filed before Judicial Magistrate at Thiruvottiyur for directions under Section 156(3) Cr.P.C. to direct the M-3 Puzhal Police Station to register the complaint on 22nd June 2018 in C.M.P.No.3914 of 2018.

* First Information Report in Crime No.509/2018 FIR registered in M-3 Puzhal Police Station against Mr.Dhananjeyan for offences under Sections 379 and 511 IPC.

* Complaint filed before Avalahalli Police Station Bengaluru by Manjunath of Logiware Supply Chain Solutions."

5. The learned counsel for the second respondent/de facto complainant conceded to the same.

6. In view of the above, this petition is allowed and the FIR in Crime No.509 of 2018 is hereby quashed.

7. The petitioner/accused is directed to pay costs of Rs.2,000/- (Rupees Two Thousand Only) 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 for reporting compliance in the Registry. Connected miscellaneous petition is closed. Sd/- Assistant Registrar(Co) //True Copy// Sub Assistant Registrar mk To 1.

The Inspector of Police M3-Puzhal Police Station Chennai-600 066.

2. The Public Prosecutor High Court, Madras.

3.

The Section Officer Accounts Section High Court of Madras.

Chennai-600 104.

4. The Section Officer Criminal Section, High Court, Madras +2cc to Mr.C.Arunkumar, Advocate SR.NO.52715 +1cc to Mr.J.Ravikumar, Advocate SR.NO..No.53312 SKV(CO) sm:14.8.2018 Crl.O.P.No.19370 of 2018