Madras High CourtCRL OP(MD)/14582/2016allowed

M. Ramakrishnan v. The Inspector Of Police

2020-02-26Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL OP(MD) No.14582 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.14582 Of 2016 and CRL.M.P.(MD)No.6840 of 2016 M. Ramakrishnan ... Petitioner/Accused No.2 Vs.

1. The State rep. by, The Inspector of Police, Chatrakudi Police Station, Ramanathapuram District.

(Crime No 177 of 2015) ... Respondent/Complainant

2. Veeramahali ... Respondent/Defacto Complainant Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records pertaining to the Impugned First Information Report in Crime No. 177 of 2015 dated 06.11.2015 for the offences under Section 465 and 420 of IPC on the file of the Respondent No.1 and quash the same as illegal. For Petitioner : Mr.T.Lajapathi Roy For R-1 : Mr.A.Robinson, Government Advocate(Crl. Side) For R-2 : Mr.J.Barathan for Mr.T.R.Jeyapalam

O R D E R

This criminal original petition has been filed for quashing the impugned First Information Report in Crime No.177 of 2015 registered on the file of Chatrakudi police station for the offences under Sections 465 and 420 of I.P.C.

2. Heard the learned counsel on either side.

3. One Veeramahali is the defacto complainant herein. Her husband Murugesan died in an accident on 17.02.2015. It appears that the motor vehicle that was involved in the accident is a stolen vehicle. Veeramahali has also filed MCOP claiming compensation before the concerned Tribunal. The petitioner Ramakrishnan is figuring as one of the respondents in the said MCOP. Ramakrishnan now states that he will give a sum of Rs.1,50,000/-. Veeramahali directly to obtain exoneration from his liability.

4. I impressed upon Veeramahali/the defacto complainant herein about the implications of the offer made by the petitioner. Veeramahali was assisted by her brother-in-law Arjunan. Veeramahali is agreeable to receive the sum of Rs.1,50,000/- from https://hcservices.ecourts.gov.in/hcservices/

2 CRL OP(MD) No.14582 of 2016 Ramakrisnan. She also has no objection for quashing the impugned First Information Report. She also states that she will exonerate Ramakrishnan from other liabilities. She will pursue her claim against the other persons. In other words, she receives a sum of Rs.1,50,000/- given by Ramakrishnan to her by way of Demand Draft bearing No.102078 drawn on the Axis Bank Ltd., Ramanathapuram, dated 25.02.2020 favouring her. Since the matter has been amicably resolved, I am of the view that keeping the impugned First Information Report will not serve any purpose.

5. Therefore, the impugned First Information Report stands quashed.

The criminal original petition stands allowed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) pmu To:

1. The Inspector of Police, Chatrakudi Police Station, Ramanathapuram District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.T.R.JEYAPALAM, Advocate ( SR-8952[F] dated 27/02/2020 ) +1 CC to M/s.T.LAJAPATHIROY, Advocate ( SR-9097[F] dated 28/02/2020 ) Crl.O.P.(MD)No.14582 of 2016 26.02.2020 KB(12.06.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/