Reena Joshi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2024

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI and Crl.M.P.No.17174 of 2022 Reena Joshi ... Petitioner

Versus

1. State of Tamil Nadu, rep. by Inspector of Police, Central Crime Branch, Avadi Police Commissionerate, RC Battalion Campus, Avadi, Chennai-600 054.

2. Narayanan Ravichandran Director, True Value Homes India Pvt. Ltd.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in FIR No.30 of 2022 dated 06.09.2022 pending on the file of Inspector of Police, City Central Crime Branch, Avadi and to quash the same.

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For Petitioner :

Mr.Adith Narayan Vijayaraghavan For Respondents :

Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side) for R1 Ms. Aparajitha Vishwanath for R2

ORDER

This Criminal Original Petition has been filed seeking to quash the F.I.R. in Crime No. 30 of 2022 on the file of 1st respondent police, in which the petitioner and her husband were ranked as A1 and A2.

2. Today, when the matter taken up for hearing, both learned counsel for petitioner, learned Government Advocate (Crl. side) for 1st respondent and learned counsel for 2nd respondent appeared.

3. The learned counsel for 2nd respondent/defacto complainant would submit that already the proceedings before the National Company Law Tribunal ended in their favour, besides they have entered into a compromise. Accordingly, the matter was settled. Furthermore, they are not inclined to initiate proceedings against the petitioner and to that effect, a memorandum of understanding was submitted before this court, which was signed by both parties.

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4. On perusal of the said Memorandum of Understanding, there was a settlement arrived between the parties and in view of the same, the 2nd respondent/defacto complainant is not inclined to proceed with the proceedings. Moreover, the prosecution also observed that there was a memorandum of understanding executed between the parties. Therefore, on considering submissions of both sides and on considering the terms arrived between the parties and also the fact that the 2nd respondent/defacto complainant is not inclined to proceed further, this Court is inclined to quash the F.I.R. in Crime No. 30 of 2022 on the file of respondent police. Accordingly, this Criminal Original Petition is allowed in terms of Memorandum of Understanding. The Memorandum of Understanding shall form part and parcel of this order. Consequently, connected Criminal Miscellaneous Petitions is closed. 28.03.2024 Index: Yes/No Internet: Yes/No rpp Page No.3 of 5

To

1. Inspector of Police, Central Crime Branch, Avadi Police Commissionerate, RC Battalion Campus, Avadi, Chennai-600 054.

2. The Public Prosecutor, High Court, Madras.

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T.V.THAMILSELVI, J.

rpp CRL.O.P.No.27922 of 2022 28.03.2024 Page No.5 of 5