Madras High CourtCRL OP(MD)/16151/2017dismissed as infructuous

Jansirani v. The Inspector Of Police

2020-11-18Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

Crl.OP(MD)No.16151 of 2017 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 18.11.2020

CORAM

THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI Crl.OP(MD)No.16151 of 2017 and Crl.MP(MD)No.10696 of 2017 Jansirani : Petitioner Vs.

1.State represented by The Inspector of Police, District Crime Branch, Thoothukudi District. : R1/Complaint 2.Vinoth : R2/De-facto Complainant Prayer: Criminal Original Petition filed under section 482 of the Criminal Procedure Code, to call for the records of the proceedings in Na.Ka.No.P4/040415/2109/17, dated 21.11.2017 on the file of the 1st respondent police and quash the same as against this petitioner and pass such other orders.

For Petitioners : Mr.N.Anandakumar For 1st Respondent : Mr.K.Karmegam Government Advocate (Criminal side) For 2nd Respondent : Mr.N.Dilip Kumar

O R D E R

(Thro' VC) This Criminal Original Petition is filed to quash the proceedings in Na.Ka.No.P4/040415/2109/17, dated 21.11.2017 on the file of the 1st respondent police on the file of the 1st respondent police and quash the same 2.It is the case of the petitioner that she and her husband borrowed Rs.15,00,000/- from one Sanjeevi and at the time of borrowal, the said Sanjeevi received signatures from the petitioner and her husband in blank papers as security and the petitioner paid interest for 7 months and thereafter, she could not pay the interest and immediately, the said Sanjeevi filed a civil suit in O.S.No.8 of 2016 on the file of the Additional District Munsif, Tuticorin, for https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.OP(MD)No.16151 of 2017 specific performance of a sale agreement, by misusing the signed blank stamp papers. It is the further case of the petitioner that due to the financial crisis, she sold the properties to three persons and ready to repay the said loan amount to Sanjeevi and for which, Sanjeevi refused to accept the same and gave a criminal complaint before the 1st respondent, though the civil dispute is pending before the civil forum. At the instance of the 2nd respondent, the 1st respondent police harassed the petitioner and others to cancel the sale agreement. Now, the 1st respondent issued summons, dated 21.11.2017. Aggrieved over the same, the present criminal original petition is filed.

3.Heard the learned counsel appearing on either side and perused the materials available on record.

4.When the matter is taken up for hearing, the learned counsel appearing for the 2nd respondent/de-facto complainant stated that already the de-facto complainant withdraw the complaint filed against the petitioner stating that he is going to work out his remedy before the competent civil court by filing a suit. 5.Recording the above, this criminal original petition is dismissed as infructuous. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar( ) //True copy// / /2021 Sub Assistant Registrar To 1.The Inspector of Police, District Crime Branch, Thoothukudi District.

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

+1 CC to Mr.N.DILIPKUMAR, Advocate ( SR-22242[F] dated 20/11/2020 ) Order made in CRL OP(MD)No.16151 of 2017 and CRL MP(MD) No.10696 of 2017 18.11.2020 ER SRS/05.02.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2