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Madras High CourtCRL OP(MD)/16006/2021allowed

Dinesh v. The Inspector Of Police

2021-11-25Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.16006 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.16006 of 2021 1.Dinesh 2.Mani ... Petitioners /Accused Nos.1 and 2 Vs.

The State rep. By 1.The Inspector of Police, District Crime Branch, Trichy City.

(Crime No.6 of 2021) ... Respondent No.1/Complainant

2. Smith Palraj ... Respondent No.2/Defacto complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to quash the First Information Report in Crime No.6 of 2021 on the file of the first respondent police and allow the criminal original petition.

For Petitioners : Mr.B.Jameel Arasu For R-1 : Mr.M.Sakthi Kumar, Government Advocate.

For R-2 : Mr.A.Arun Prasad

O R D E R

Heard the learned counsel on either side.

2.This criminal original petition has been filed to quash the First Information Report in Crime No.6 of 2021 registered on the file of the first respondent for the offences under Sections 406, 420, 294(b) and 506(ii) of I.P.C.

3.The defacto complainant Smith Palraj is present before this Court yesterday. He has been duly identified by the respondent police. The parties have filed a joint compromise memo. It was pointed out by the learned Government Advocate that in the impugned First Information Report, the names of two other victims have also been mentioned. The other two persons named in the First Information Report are Venkatesh and Dhanalakshmi. They appeared before this Court through video conferencing. They clarified that they have no objection for quashing the impugned prosecution. 4.At this stage, the learned counsel appearing for the petitioners submitted that the case has since been charge sheeted and cognizance has been taken and the case has also been taken on https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.16006 of 2021 file in C.C.No.1233 of 2021 on the file of the Judicial Magistrate No.VI, Trichy. Since the parties have arrived at an amicable settlement, no purpose will be served in keeping the impugned prosecution alive. Therefore, the proceedings in C.C.No.1233 of 2021 on the file of the Judicial Magistrate No.VI, Trichy are quashed.

5.It is submitted that the petitioners have deposited a sum of Rs.5,00,000/- to the credit of Crime No.6 of 2021 before the jurisdictional Court. The defacto complainant Smith Palraj is permitted to withdraw the said amount.

6.This criminal original petition is allowed accordingly. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU (*) Enclosed herewith The Joint Compromise memo Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Judicial Magistrate No.VI, Trichy.

2.The Inspector of Police, District Crime Branch, Trichy City.

Copy to:

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

+1 CC to M/s.A.ARUN PRASATH, Advocate (SR-36158[F] dated 26/11/2021) Crl.O.P.(MD)No. 16006 of 2021 25.11.2021 RS (09.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2