Madras High CourtCRL OP(MD)/9049/2011allowed

Santha Rajagopal v. The Inspector Of Police

2015-03-19Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2015

CORAM

THE HON'BLE MR.JUSTICE C.T.SELVAM CRL.O.P.(MD)No.9049 of 2011 and M.P.(MD) No.1 of 2011 Santha Rajagopal .. Petitioner/Sole Accused Vs.

1.The State rep. by the Inspector of Police, Perumalpuram Police Station, Tirunelveli City, Tirunelveli District.

(In Crime NO.341 of 2010) ..1st Respondent/Complainant 2.M.Parvathi @ Bombay Parvathi .. 2nd Respondent/Defacto Complainant PRAYER: Criminal Original Petition filed under section 482 of the Code of Criminal Procedure, praying to call for the records relating to the FIR in Crime NO. 341 of 2010 pending on the file of the first respondent police and quash the same.

For Petitioner : Mr.Sulthan Bash for Mr.R.Gandhi For 1st Respondent : Mr.K.Anbarasan Government Advocate (Crl. Side) For R2 : No appearance

O R D E R

This petition has been filed under Section 482 of Cr.P.C,seeking quash of F.I.R pending against the petitioners in Crime No.341 of 2010 on the file of the first respondent police.

2.Heard learned counsel for petitioner and learned Government Advocate (Crl. Side) for first respondent. There is no representation for second respondent.

3.A reading of the complaint prima facie informs of the case being essentially a civil dispute. To add criminality acts of threats are also complained of. The petitioner/ accused has moved a civil action in O.S.No.242 of 2010 on the file of the learned Principal District Munsif, Tirunelveli. The defacto complainant is the second defendant therein. The case in Crime No.341 of 2010 shall stand quashed. This petition shall stand allowed. Consequently, connected M.P.is closed. Sd/- Assistant Registrar(T&P) /True Copy/ https://hcservices.ecourts.gov.in/hcservices/ Sub- Assistant Registrar

To 1.The Principal District Munsif, Tirunelveli.

2.The Inspector of Police, Perumalpuram Police Station, Tirunelveli City, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.G.Prabhu Rajadurai, Advocate in SR.No.13524 +1cc to M/s.Ajmal Associates in SR.No.13587 sm:31.03.2015:2P/6C CRL.O.P.(MD)No.9049 of 2011 and M.P.(MD) No.1 of 2011 https://hcservices.ecourts.gov.in/hcservices/