Chandrasekar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2024
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and Crl.M.P.No.16678 of 2022 Chandrasekar ... Petitioner Vs.
1.State rep. by Inspector of Police Vaniyambadi Town Police Station Thirupathur 2.M.Amutha ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to call for the records in Crime No.197of 2022 pending on the file of 1st respondent and quash the same.
For Petitioner : Mr.M.Soundar Vijay Arul Ram For Respondents : Mr.S.Vinodh Kumar Government Advocate (Crl. Side) - R1 Mr.G.Vinodh Kumar - R2
ORDER
The petitioner has filed this Criminal Original petitions to quash the proceedings in Crime No.197 of 2022 pending on the file of 1st respondent for the offence punishable under Sections 417, 420, 294(b), 506(1) and under Section 4 of Tamil Nadu Prohibition of Harassment of Women act, 2002.
2.The prosecution's case is that Nagajyothi, the petitioner's mother, who is arrayed as A1 in the present case, was allegedly running an unregistered chit fund between 2014 and 2015, with the defacto complainant subscribing to two chits, each valued at one lakh rupees. It is further submitted that Nagajyothi informed the de facto complainant that her son (the petitioner) was about to join the police department and requested the de facto complainant to retain the two chit amounts, each valued at one lakh, for managing the expenses. Additionally, she requested another one lakh, which the defacto complainant arranged from her mother and handed over to Nagajyothi and Chandrasekaran, totaling three lakhs. After receiving the amount, Nagajyothi executed a promissory note for the borrowed amount. On 07.12.2021, the de facto complainant, upon learning about the
petitioner's marriage, demanded the repayment of the borrowed money. At that time, the petitioner and his mother allegedly abused the de facto complainant and refused to repay the amount, leading to the present case.
3. When the matter was taken up for hearing today, the de facto complainant and the petitioner's mother appeared in person before this Court. As per the settlement arrived at between the parties on 20.03.2015, the total amount agreed upon for settlement was Rs.1,30,000/-, to be paid by the petitioner to the de facto complainant. Accordingly, a sum of Rs.70,000/- was paid on that day, and the remaining balance of Rs.50,000/- was paid today to the defacto complainant, who appeared in person and received the said amount. To that effect, the petitioner's mother filed an affidavit before this Court.
4. As the matter is settled, the complaint given by the defacto complainant against the petitioner and his mother in Crime No.197 of 2022 on the file of the 1st respondent is ordered to be quashed. T.V.THAMILSELVI, J.
rri
5. Accordingly, this Criminal Original Petition is allowed. Consequently, the connected miscellaneous petition is closed. 27.03.2024 Speaking Order/ Non Speaking Order Index: Yes/ No rri To.
1. The Inspector of Police Vaniyambadi Town Police Station Thirupathur
2. The Public Prosecutor High Court of Madras Chennai 600 104 and Crl.M.P.No.16678 of 2022