Rajasekaran v. Iop Nandhampakkam Ps Ch

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.10.2018 CORAM :

THE HONOURABLE MR. JUSTICE P.N.PRAKASH Crl.O.P.Nos.24061 and 24062 of 2018 Rajasekaran .. Petitioner in Crl.O.P.No.24061 of 2018

1. Akash

2. Arun .. Petitioners in Crl.O.P.No.24062 of 2018 Vs

1. State represented by The Inspector of Police, S-4, Nandhampakkam Police Station, Chennai.

2. Akash .. Respondents in Crl.O.P.No.24061 of 2018

1. State represented by The Inspector of Police, S-4, Nandhampakkam Police Station, Chennai.

2. Rajasekaran .. Respondents in Crl.O.P.No.24062 of 2018 Criminal Original Petitions in Crl.O.P.Nos.24061 and 24062 of 2018 filed under Section 482 Cr.P.C., praying to call for the records pertaining to the First Information Report in Crime Nos.180 and 179 of 2018, respectively, pending investigation on the file of the Inspector of Police, S-4, Nandampakkam Police Station, Chennai, and quash the same based on compromise arrived at between the respective petitioners and the de facto complainants.

For Petitioner(s) :Ms.R.Janani in Crl.O.P.No.24061 of 2018 Mr.A.Balamurugan in Crl.O.P.No.24062 of 2018 For R1 :Mrs.M.Prabhavathi Additional Public Prosecutor in both petitions

For R2 : Mr.A.Balamurugan in Crl.O.P.No.24061 of 2018 Ms.R.Janani in Crl.O.P.No.24062 of 2018 C O M M O N O R D E R These Criminal Original Petitions in Crl.O.P.Nos.24061 and 24062 of 2018 have been filed to call for the records pertaining to the Crime Nos.180 and 179 of 2018, respectively, pending investigation on the file of the Inspector of Police, S-4, Nandambakkam Police Station, Chennai, and quash the same, based on the compromise arrived at, between the respective petitioners and the de facto complainants.

2. For the sake of convenience, the parties will be referred to by their name.

3. On the complaint lodged by Rajasekaran, the 1st respondent police have registered a case in Crime No.179 of 2018, for the offences under Sections 294(b), 324 and 506(2) IPC, against Akash and Arun, for quashing which, Crl.O.P.No.24062 of 2018 has been filed.

4. Similarly, on the complaint lodged by Akash, the 1st respondent police have registered a case in Crime No.180 of 2018 on 19.08.2018, for the offences under Sections 294(b), 324 and 506(2) IPC, against Rajasekaran, for quashing which, Crl.O.P.No.24061 of 2018 has been filed.

5. Both these quash applications have been filed on the ground that the accused in both the cases have arrived at a compromise with the respective de facto complainants.

6. Today, Akash and Rajasekaran are present, who are identified by Mr.R.Kumaran, Head Constable (35124), S-4, Nandambakkam Police Station, Chennai, who is also present before this Court.

7. Akash and Rajasekaran have filed individual affidavits dated 01.10.2018, wherein, they have stated that they have arrived at a compromise and they have no objection in the quashing the two FIRs in Crime Nos.179 and 180 of 2018. Recording the same, the prosecution in Crime Nos.179 and 180 of 2018, pending on the file of the 1st respondent police, against all the accused including Arun, who is not present before this Court today, is quashed, and as a sequel, these Criminal Original Petitions are allowed on condition that Akash shall pay a sum of Rs.2,000/- and Rajasekaran shall pay a sum of Rs.1,000/- (totally Rs.3,000/-) 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.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mkn/ssr To

1. The Inspector of Police, S-4, Nandambakkam Police Station, Chennai.

2. The Section Officer, Accounts Section, High Court, Madras.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mrs.R.Janani, Advocate SR.NO.70439 PA(CO) sm:29.10.2018 CRL.O.P.Nos.24061 of 2018 and 24062 of 2018