Gnanasivakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2017 CORAM :

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL OP(MD)No.17878 of 2017 1.Gnanasivakumar 2.Sivakami 3.Tharaneeswari 4.Sekar ... Petitioners/Accused Nos.1 to 4 Vs.

1.The Inspector of Police, Central Crime Branch, Cantonment, Trichy.

(Crime No.66 of 2017) ... Respondent No.1 2.Balamurugan ... 2nd Respondent/De-facto Complainant PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to quash the proceedings in Crime No.66 of 2017 pending on the file of the first respondent police. For Petitioners : Mr.N.Madhava Govindan For R-1 : Mr.K.S.Durai Pandiyan, Additional Public Prosecutor For R-2 : Mr.G.Ramanathan

O R D E R

This Criminal Original petition is filed for quashing the First Information Report in Crime No.66 of 2017 pending on the file of the first respondent police.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the first respondent and the learned counsel appearing for the second respondent.

3.The petitioners are accused Nos.1 to 4 in Crime No.66 of 2017 on the file of the first respondent police. On the basis of the complaint lodged by the second respondent/de-facto complainant, a case was registered in Crime No.66 of 2017, dated 12.12.2017, for the alleged offences under Sections 120(b), 406 and 420 of I.P.C.

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4. The petitioners state that the complaint was lodged by the second respondent as against the petitioners, alleging that they

have cheated the defacto complainant under the guise of getting a job. Learned counsel for the petitioners submitted that the matter is settled between the parties and that therefore the complaint may be quashed.

5. The second respondent has filed a counter affidavit admitting the fact that the issues were settled between the petitioner and the second respondent. The second respondent himself has admitted that he has no objection for quashing the First Information Report in Crime No.66 of 2017 on the file of the first respondent police.

6. Hence, the Criminal Original petition is allowed and the First Information Report in Crime No.66 of 2017 pending on the file of the first respondent police, is quashed in toto. The counter affidavit signed by the second respondent shall form part of the order.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To Enclosure : The counter affidavit signed by the second respondent (Xerox Copy)

1. The Inspector of Police, Central Crime Branch, Cantonment, Trichy.

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

+2cc to M/S.N.Madhava Govindan, Advocate SR.No. 94545 +1cc to M/S.G.Ramanathan, Advocate SR.No. 94544 CRL OP(MD)No.17878 of 2017 22.12.2017 pmu JM/SKN RSK/SAR 3/10.01.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/