Madras High CourtCRL OP(MD)/12992/2013allowed

Muthuramalingam v. The Inspector Of Police

2016-12-01Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2016

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM Crl.O.P.(MD) No.12992 of 2013 and M.P(MD)No.1 of 2013 1.Muthuramalingam 2.Jimrivin 3.Raghu Ramiah 4.Senthil 5.Arun Pravin @ Arun Prasad 6.Petchimuthu 7.Rajeshwaran 8.Nambirajan : Petitioners/A1 to A6, A8 and A9 -VsState rep. by The Inspector of Police, Perumalpuram Police Station, Tirunelveli District. : Respondent/Complainant Prayer: Petition filed under Section 482 of Code of Criminal Procedure, to call for the records from the lower court and to duly quash the FIR in Crime No.458 of 2013 on the file of the Inspector of Police, Perumalpuram Police Station, Tirunelveli. For Petitioners : Mr.SV.Kathirvelu, Senior counsel for Mr.K.Prabhu For Respondent : Mr.K.Anbarasan Government Advocate (Criminal side)

O R D E R

This petition is filed to call for the records relating to the case in Crime No.458 of 2013 on the file of the respondent and quash the same.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal side) appearing for the respondent.

3.The learned counsel appearing for the petitioners would submit that the petitioners have filed an affidavit of undertaking stating that pursuant to the quashing of FIR, the petitioners would not initiate any proceedings against the respondent/de-facto complainant.

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4.The affidavit of undertaking affidavit, dated 01.12.2016 is recorded. The respondent/de-facto complainant has appeared before this court and he is present, when the order is passed. Perusal of the records would reveal, there are no prima facie materials against the accused.

5.In view of the above facts, this petition is allowed and the entire proceedings in connection with the Crime No.458 of 2013 is quashed. The affidavit of undertaking, dated 01.12.2016 shall form part of the record. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar[Writs] /True copy/ Sub Assistant Registrar/- To, 1.The Inspector of Police, Perumalpuram Police Station, Tirunelveli District.

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

+1cc to Mr.K.Prabhu,Advocate,SR.No.78696 ER KK-GSV-SV-23.01.17-2P-4C Crl.O.P.(MD) No.12992 of 2013 01.12.2016 https://hcservices.ecourts.gov.in/hcservices/