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Madras High CourtWP/34528/2019allowed

B.Selvaraj v. The District Registrar

2022-01-04Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.34528 of 2019 and Crl.O.P.No.889 of 2019 and W.M.P.No.35233 of 2019 and Crl.M.P.No.569 of 2019 W.P.No.34528 of 2019

1. B.Selvaraj

2. R.Kathirkaman ... Petitioners Vs

1. The District Registrar, South Chennai, Sidco Electronics Complex, Third Block, Third Floor, Thiru.V.Ka.Estate, Guindy, Chennai - 32.

2. The Sub Registrar, Virugambakkam Registrar Office, 3.Anjali ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records of the first respondent herein dated 30.10.2019 relating to Na.Ka.No.17669/E2/2018 and quash the same. For Petitioners : Mr.J.Nandagopal For Respondents : Mr.Yogesh Kannadasan Special Government Pleader (for R1 & R2) : Mr.M.Rajan (for R3)

1. B.Selvaraj

2. R.Kathirkaman ... Petitioners

3. S. Kalpana Vs

1. State Represented by The Inspector of Police, CCB-Team-XVIII, Egmore, (Crime No.433/2015)

2. Anjali ... Respondents Criminal Original Petition filed under section 482 of Criminal Procedure Code, to call for the records and quash the FIR in Crime No.433/2015 pending on the file of the first respondent police.

For Petitioners : Mr.J.Nandagopal For Respondents : Mr.J.Subbiah Government Advocate (Crl Side) (for R1) : Mr.G.Balamanikandan (for R2) C O M M O N O R D E R This Writ Petition is filed to issue a Writ of Certiorari, to call for the records of the first respondent herein dated 30.10.2019 relating to Na.Ka.No.17669/E2/2018 and quash the same.

2. The learned counsel for the petitioners submitted that while pending the Writ Petition, the petitioners and the third respondent have entered into compromise. Accordingly, the third respondent received a sum of Rs.41 lakhs from the petitioners herein as full and final settlement and he has no objections to allow the Writ Petition.

3. In view of the compromise entered into between the petitioners and the third respondent, the order impugned in this Writ Petition passed by the first respondent is hereby quashed. Accordingly, this Writ Petition is allowed. Consequently, the connected Miscellaneous Petition is closed. No costs.

4. Crl.O.P.No.889 of 2019 has been filed to quash the FIR in Crime No.433/2015 pending on the file of the first respondent police.

5. Insofar as the quashment of the First Information Report in Crime No.433 of 2015 registered for the offences under Sections 419, 465, 468, 471 and 448 IPC, is concerned, the first respondent completed the investigation and filed final report. The said final report is also under challenge before this Court

by way of Criminal Original Petition in Crl.O.P.No.889 of 2019. Therefore, the prayer in this Criminal Original Petition has become infructuous. Accordingly, this Criminal Original Petition is dismissed as infructuous. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar kv To

1. The District Registrar, South Chennai, Sidco Electronics Complex, Third Block, Third Floor, Thiru.V.Ka.Estate, Guindy, Chennai - 32.

2. The Sub Registrar, Virugambakkam Registrar Office,

3. The Inspector of Police, CCB-Team-XVIII, Egmore,

4. The Public Prosecutor Madras High Court Chennai +1cc to Mr.J.Nandagopal, Advocate, S.R.No.488 +1cc to the Government Pleader, S.R.No.109 W.P.No.34528 of 2019 and SSI(CO) CT 24/01/2022