M.Baskar v. S Iop Palavanthangal Ps Ch

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.10.2018

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.23835 of 2018 1.M.Baskar 2.Mani 3.Rajeswari 4.Lakshmi 5.Ravichandran .. Petitioners vs.

1.The State Rep by Sub-Inspector of Police S-9, Palavanthangal Police Station Chennai.

2.M.Vijayalakshmi .. Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records of the FIR in Cr.No.98 of 2018 on the file of the 1st respondent and quash the same as against the petitioners herein.

For Petitioners Mr.A.Esakkiappan For R1 Ms.M.Prabhavathi Additional Public Prosecutor For R2 Mr.M.Sivavardhanan

O R D E R

This petition has been filed to call for the records in Cr.No.98 of 2018 on the file of the 1st respondent and quash the same as against the petitioners herein.

2. On the complaint lodged by Vijayalakshmi, the second respondent herein, the first respondent police have registered a case in Cr.No.98 of 2018 on 18.02.2018 under Sections 417, 420, 496 and 506(i) IPC against the petitioners/accused herein, for quashing which, this petition has been filed on the ground that the parties have arrived at a compromise.

3. Today, Ms.S.Punithavalli, Sub-Inspector of Police, S-9, Palavanthangal Police Station, is present. Baskar [A1], Mani [A2], Rajeshwari [A3], Lakshmi [A4] and Vijayalakshmi/de facto complainant are present.

4. The allegation in the FIR is that Baskar [A1] was in love with Vijayalakshmi/de facto complainant and had promised to marry her https://hcservices.ecourts.gov.in/hcservices/

and thereafter, reneged. Vijayalakshmi has filed an affidavit dated 23.10.2018, wherein she has stated as follows: "3. I state that it is no longer possible for me and the 1st petitioner to go ahead with the matrimonial ties and our lives will not be happy and peaceful if marriage is performed. Therefore we have arrived at a conclusion to settle the disputes amicably. Hence in the interest of justice in FIR in Crime No.98 of 2018 on the file of the 1st respondent may be quashed.

4. I state that I have no other claims or disputes against the petitioners herein."

In view of the above, the prosecution in Cr.No.98 of 2018 on the file of the 1st respondent police is quashed as against all the accused and as a sequel, this Criminal Original Petition is allowed on condition that the petitioners pay a sum of Rs.1,000/- each (total Rs.5,000/-) as costs to the credit of the Chief Justice Relief Fund [payable in Accounts Section of the High Court Registry], within a period of two weeks from the date of receipt of a copy of this order and file a photocopy of the receipt, along with a memo reporting compliance in the Registry. Connected Crl.M.P. is closed. gms Sd/- Deputy Registrar(CS) //True Copy// Sub Assistant Registrar To 1.The Sub-Inspector of Police S-9, Palavanthangal Police Station Chennai.

2.The Public Prosecutor, High Court, Madras.

3.The section officer, Accounts Section, High court Madras +1cc to Mr.M.Sivavardhanan , Advocate SR.No. 73184 Crl.O.P.No.23835 of 2018 ASK(08/11/2018) https://hcservices.ecourts.gov.in/hcservices/