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Madras High CourtCRL OP/7481/2016allowed

Nainar Saravanan v. State Rep By

2016-08-08Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.7481 of 2016 and Crl.MP.No.3970 of 2016 Nainar Saravanan

...Petitioner/Accused

Vs 1.State rep.by The Inspector of Police, F-5, Choolaimedu Police Station, Chennai-600 094.

2.Rajani

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records and to quash the charge sheet in CC No.877 of 2015 in Crime No.217 of 2013 on the file of the learned XVII Metropolitan Magistrate, Saidapet, Chennai.

For Petitioner :Mr.M.Muthusamy For Respondents :Mr.C.Emalias, [for R1] Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to quash the charge sheet in CC No.877 of 2015 in Crime No.217 of 2013 on the file of the XVII Metropolitan Magistrate Court, Saidapet, Chennai.

1. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent.

2. On the complaint lodged by Ranjani (de facto complainant/2nd respondent), the respondent Police registered a case in Crime No.217 of 2013, and after completing the investigation, has filed final report in C.C.No.1877 of 2015 before the XVII Metropolitan Magistrate, Saidapet, Chennai, against Nainar Saravanan (accused/petitioner herein) for the offences under Sections 294(b), 341, 323, 498(A), 506(i) IPC, to quash which, Nainar Saravanan is before this Court, on the ground that the parties have amicably settled the issues. https://hcservices.ecourts.gov.in/hcservices/

3. On notice, Ranjani, the second respondent/de facto complainant is present today with her father Mr.C.Sankar Babu, and she has been identified by Mr.V.Shankar, Inspector of Police, F5 Choolaimedu Police Station, Chennai. Ranjani has filed an affidavit wherein in Paragraph No.4, she has stated as follows:

"4. I submit that in the meantime both of us have entered compromise out of Court and settled amicably and filed divorce petition by mutual consent in OP.No.515 of 2016 on the file of II Addl.

Family Court, Chennai, which is posted for final disposal on 8.8.2016. Hence, I have no objection to quash the CC.No.1877 of 2015 filed by the petitioner pending before the XVII Metropolitan Magistrate, Saidapet, Chennai.

It is therefore prayed that this Hon'ble Court may be pleased to record the same of my no objection to quash the CC.No.1877 of 2015 filed by the petitioner pending before the XVII Metropolitan Magistrate, Saidapet, Chennai and thus render justice."

Recording the same this Criminal Original Petition is allowed and the proceedings are quashed. Consequently, connected Miscellaneous Petition is closed.

ds Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To 1.The XVII Metropolitan Magistrate, Saidapet, Chennai.

2. -do- thro' The Chief Judicial Magistrate, Egmore, Chennai-8.

3.The Inspector of Police, F-5, Choolaimedu Police Station, Chennai-600 094.

4.The Public Prosecutor, High Court, Chennai. KR/29/8/16 Crl.OP.No.7481 of 2016 and Crl.MP No.3970 of 2016 https://hcservices.ecourts.gov.in/hcservices/