Madras High CourtCRL OP/24936/2022allowed

M.Navaneethakrishnan v. State Rep By

2022-10-19Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.10.2022

CORAM:

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM Crl.O.P.No.24936 of 2022 M.Navaneethakrishnan ... Petitioner Vs.

1. State rep. by the Inspector of Police, T-15, SRMC Police Station, Porur, Chennai600 116.

2. G.Rajavignesh ... Respondent PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in CR.No.398/2022 on the file of the first respondent and quash the same.

For Petitioner : Mr.M.Anandraj For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor for R1 Mr.M.A.Mathew Berchmans for R2 1/4

ORDER

This Criminal Original Petition has been filed to quash the FIR in Crime No.398/2022 on the file of the first respondent police.

2. When the matter is taken up for hearing, the counsel for the defacto complainant/2nd respondent submitted that, based on the complaint given by the de-facto complainant, the respondent police registered a case in Crime No.398 of 2022 against the petitioner for the offence of job racketing, punishable under Sections 406 and 420 IPC. He further submitted that, today, the petitioner has paid the entire amount of Rs.3,00,000/-, to the defacto complainant, which was received by him on the false promise of getting job to the de-facto complainant. Accordingly, the dispute between them is settled out of Court and hence, the de-facto complainant do not want to proceed the criminal proceedings against the petitioner and seeks to withdraw the case, by compounding the offences in Crime No.398 of 2022 . To that effect, the defacto complainant has also filed an affidavit before the Court. 2/4

3. The learned counsel for the petitioner also reiterated the above facts and prayed to quash the FIR in Crime No.398 of 2022, registered against the petitioner.

4. Recording the submission made by the learned counsel for the second respondent/de-facto complainant and also based on the affidavit filed by the de-facto complainant, the FIR in Crime No.398 of 2022 registered against the petitioner under Sections 406 and 420 IPC is quashed.

5. Accordingly, the Criminal Original Petition is allowed. 19.10.2022 Index:Yes/No mst To:

1. The Inspector of Police, T-15, SRMC Police Station, Porur, Chennai600 116.

2.The Public Prosecutor, High Court of Madras.

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V.SIVAGNANAM, J.

mst Crl.O.P. No.24936 of 2022 19.10.2022 4/4