C. Nithyanandan, v. State Rep. By The Inspector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2016 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Crl.O.P.No.3846 of 2016 and Crl.M.P.No.1966 of 2016 and Crl.O.P.No.9831 of 2016 Crl.O.P.No.3846 of 2016 C.Nithyanandan .. Petitioner Vs.

1.State rep. By The Inspector of Police, Kanchipuram District.

(Crime No.373/2014) 2.A.Inbasekaran .. Respondents Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the entire records connected with the FIR in Crime No.373 of 2014 pending investigation on the file of the first respondent police and quash the same.

For Petitioner : Mr.K.Thilageswaran For Respondents : Mr.C.Emalias Additional Public Prosecutor (For R1) Mr.D.Baskar (For R2) Crl.O.P.No.9831 of 2016 A.Inbasekaran .. Petitioner Vs.

1.State rep. By The Inspector of Police, Kancheepuram District.

(Crime No.373/2014) 2.S.Nithyanandan .. Respondents Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records and quash the FIR in Crime No.372 of 2014 on the file of the State rep. By the Inspector of Police, B-1 Police Station, Siva Kanchi, Kancheepuram District. For Petitioner : Mr.D.Baskar For Respondents : Mr.C.Emalias Additional Public Prosecutor For R1) Mr.K.Thilageswaran (For R2) COMMON ORDER The petitioners have come forward with this petition under Section 482 of Code of Criminal Procedure, to call for the records in Crime No.373 of 2014 and Crime No.372 of 2014 respectively pending on the file of the first respondent and quash the same.

2.In respect of Crl.O.P.No.3846 of 2016 is concerned, today (27.04.2016), the petitioner, the second respondent, their respective counsel and the learned Additional Public Prosecutor were present and their identification is also verified by this Court. The second respondent filed an affidavit stating that he had undergone bypass open heart surgery and he was unable to move. But he would submit that the matter has been compromised and he had no objection to quash the proceedings in Crime No.373 of 2014 pending on the file of the first respondent herein. 3.In respect of Crl.O.P.No.9831 of 2016 is concerned, it is a case and counter and the case has been registered in Crime No.372 of 2014. The petitioner herein is the counter petitioner in Crime No.373 of 2014. Since the matter has been compromised, the petitioner herein has no objection to quash the proceedings in Crime No.372 of 2014.

3.Recording the submission made by both sides and also considering the affidavit filed by the second respondent in Crl.O.P.No.3846 of 2016, this Court is of the opinion that no useful purpose would be served by allowing the cases to proceed with. Therefore, the entire proceedings in Crime Nos.372 and 373

of 2014 on the file of the first respondent, namely, Inspector of Police, B-1 Police Station, Siva Kanchi, Kancheepuram District are hereby, quashed.

4.In the result, the Criminal Original Petitions are allowed. Consequently, connected miscellaneous petition is closed.

cse s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To 1.The Inspector of Police, Kanchipuram District.

2.The Public Prosecutor High Court, Chennai.

+ 2 ccs to Mr.D.Baskar, Advocate, SR 27156 & 27157 + 1 cc to Mr.K.Thilageswaran, Advocate, SR 27280 ks(co) prk30/5 Crl.O.P.No.3846 of 2016 and Crl.M.P.No.1966 of 2016 and Crl.O.P.No.9831 of 2016