Madras High CourtCRL OP(MD)/1601/2024dismissed

Kamalarasan v. The Inspector Of Police

2024-02-02Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.1601 of 2024 and Crl.M.P.(MD)No.1124 of 2024 Kamalarasan ... Petitioner / Sole Accused Vs State rep. by 1.The Inspector of Police, District Crime Branch, In Cr.No.13/2023, Ramanathapuram District.

2.Sathiyapriya ... 2nd Respondent / Defacto Complainant PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to call for the records relating to the FIR in Crime No.13 of 2023, dated 21.08.2023 on the file of the first respondent and quash the same as against the petitioner/sole accused is concerned. 1/4

For Petitioner : Mr.K.Subash Babu For Respondents : Mr.M.Veeranthiran Government Advocate for R1

O R D E R

This Criminal Original Petition has been filed to quash the FIR in Crime No.13 of 2023, dated 21.08.2023 on the file of the first respondent.

2. The learned Counsel appearing for the Petitioner submits that in the year 2021, the Petitioner approached the defacto Complainant by saying that the Petitioner along with one Mareeswaran were running a prawn farm in 20 acres at Ramanthapuram and they earned a sum of Rs.40,00,000/- in four months once and that if she is ready to do the said business and give her share, she will earn Rs.40,00,000/- in four months once. On believing the words of the Petitioner, the defacto complainant had entered into a sale agreement with the Petitioner to the tune of Rs.62,50,000/- dated 05.10.2021. At the time of execution of agreement, the defacto complaint had paid a sum of Rs.37,00,000/- to the Petitioner and subsequently, paid the remaining amount of Rs.25,50,000/- on various dates. Thereafter, neither the Petitioner did not come forward to execute the sale deed nor repay the amount. Hence, FIR came to be registered. 2/4

3. The learned Government Advocate would submit that investigation had been completed and final report laid before the Court of the learned Judicial Magistrate, Ramanathapuram on 31.01.2024.

4. Recording the submission of the learned Government Advocate, the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.

02.02.2024 Index:Yes/no rmi To 1.The Inspector of Police, District Crime Branch, Ramanathapuram District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

SATHI KUMAR SUKUMARA KURUP , J.

rmi CRL.O.P (MD) No.1601 of 2024 02.02.2024 4/4