Chellathurai v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.19724 of 2015 and M.P(MD)Nos.1 & 2 of 2015 1.Chellathurai 2.Saravanan 3.Saraswathi .. Petitioners/Accused Nos.1 to 3 -Vs1.State, represented by The Inspector of Police, Allinagaram Police Station, Theni. (Crime No.198 of 2013) .. 1st Respondent/Complainant 2.G.Gowri .. 2nd Respondent/defacto Complainant Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records relating to the case in C.C.No.50 of 2014, on the file of the Judicial Magistrate, Theni, quash the same.

For Petitioners : Mr.J.Padhmavathy Devi For R1 : Mr.K.Anbarasan Govt. Advocate (Crl.Side) For R2 : Mr.N.Mohideen Basha

O R D E R

This petition has been filed to call for the records in Crime No.50 of 2014 pending investigation on the file of the first respondent and quash the same to the petitioners alone.

2. Heard the learned Counsel for the petitioners, the learned Government Advocate (Crl.Side) appearing for the first respondent and the learned Counsel appearing for the second respondent.

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3. Based on the complaint given by the second respondent/defacto complainant, a case has been registered against the petitioners in C.C.No.50 of 2014 for offences under Sections 294(b), 420, 447 and 506(i) of IPC, on the file of the first respondent. The said Charge sheet is challenged before this Court.

4. When the matter was called on 09.11.2016 both the petitioners as well as the second respondent are present before this Court and they categorically made a statement that the dispute between them have been settled amicably. They would also further submit that they are ready to donate Rs.15,000/- to the Government Girl's Higher Secondary School, Ulaganeri, Madurai.

5. In view of the above, this Court directed the parties to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) to the Government Girl's Higher Secondary School, Ulaganer, Madurai and also this Court dispensed with the appearance of the parties.

6. Today when the matter is called, cost memo has been filed. In view of the statements made by the parties, no fruitful purpose will be achieved to proceed further in this matter.

7. In view of that, the impugned charge sheet in C.C.No.50 of 2014, on the file of the Judicial Magistrate, Theni is hereby quashed and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are also closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To:

1.The Inspector of Police, Allinagaram Police Station, Theni.

2.The Judicial Magistrate, Theni.

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

+1 cc to M/S.T.PADMAVATHIDEVI, Advocate SR.No.72843 Crl.O.P.(MD) No.19724 of 2015 25.11.2016 SMA/SK-SKN/14.12.2016:2P/5C https://hcservices.ecourts.gov.in/hcservices/