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Madras High CourtCRL OP(MD)/5073/2017allowed

T.Thangaraj v. The Inspector Of Police

2018-10-08Honourable Mr Justice N. Anand Venkatesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.(MD)No.5073 of 2017 and CrlMP(MD)No.3587 of 2017 T.Thangaraj

...Petitioner

Vs.

1.The State represented by The Inspector of Police, Thilagar Thidal Police Station, Madurai City.

[Crime No.73 of 2017] 2.A.Gandhi

...Respondents

PRAYER:- Petition filed under Section 482 of Criminal Procedure Code,to call for the records pertaining to the FIR in Crime No.73 of 2017 dated 26.01.2017 on the file of the 1st respondent Police and quash the same as illegal.

For Petitioner : Mr.N.Madhava Govindhan For Respondent No.1: Ms.S.Bharathi, Government Advocate (crl side) For Respondent No.2: Mr.R.Amarnath

ORDER

This petition has been filed seeking to quash the FIR in Crime No.73 of 2017.

2.Pending investigation, the parties have come to an amicable settlement and the de facto complainant has received a sum of Rupees Five lakhs from the petitioner. A counter affidavit has also been filed by the second respondent and the relevant portion in the counter affidavit is extracted hereunder: "The first respondent has registered a case against the petitioner and 2 others in Crime No.73 of 2017 for the offence u/s.420 of Indian Penal Code. Now, I received the entire amount of Rs.5,00,000/-(Rupees Five Lakhs) from the petitioner. Hence, I have no objection to allow the quash petition filed by the petitioner herein in the interest of justice."

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3.In view of the above, the FIR in Crime No.73 of 2017 is quashed. Accordingly, the criminal original petition is allowed. Consequently, CrlMP(MD)No.3587 of 2017 is closed. Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Inspector of Police, Thilagar Thidal Police Station, Madurai City.

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

+ 1 CC TO MR.R.AMARNATH, ADVOCATE IN SR NO.89592 + 1 CC TO MR.N.MADHAVA GOVINDHAN, ADVOCATE IN SR NO.89319 DSK BU/SKN/SAR-III :09.11.2018 : 2P/5C Crl.O.P.(MD)No.5073 of 2017 08.10.2018 https://hcservices.ecourts.gov.in/hcservices/