IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.01.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.396 of 2017 and Crl.M.P.No.269 of 2017 1.K.Bharathi 2.K.Sathish Kumar ... Petitioners Vs
1. State by The Inspector of Police, East Police Station, Thiruvannamalai District.
2. R.Lakshmanan ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in Crime No.777 of 2016 on the file of the East Police Station, Thiruvannamalai District and quash the same.
For Petitioners : Mr.B.Vijay For respondents : Mr.C.Emalias, Addl. Public Prosecutor, for R1 Mr.S.Arunkungumaraj for R2 ORDER The present criminal original petition has been filed to call for the records in Crime No.777 of 2016 on the file of the East Police Station, Thiruvannamalai District, and quash the same.
2. Today, when the matter was taken up for consideration, learned counsel appearing for the petitioners and the learned counsel appearing for the second respondent / de facto complainant represented that the dispute between the parties was amicably settled and the learned counsel appearing for the second respondent / de facto complainant has also submitted that the second respondent has no objection to quash the proceedings in Crime No.777 of 2016 pending on the file of the East Police Station, Thiruvannamalai District. The second respondent / de facto complainant has also filed an affidavit to that effect, which reads as follows:-
“ 2. I submit that I have been working as daily wage labourer in Thiruvannamalai and I am close relative of the petitioners. I state that the criminal case has been registered against the petitioner on 29.10.2016 under Section 323, 294(b) of IPC and 4 of TN Prohibition Harassment of Woman Act 2002 on the basis of information given by me. At the intervention of my friends and relatives I have decided to settle the dispute with the petitioners by way of amicable settlement.
3. I state that I consent for quashing of criminal proceedings in view of compromise entered with the petitioners. The dispute had arosed between me and petitioners on account of petty quarrel. Hence, I have no objection to quash the criminal proceedings initiated against the petition in Crime No.777 of 2016 on the file of the East Police Station, Thiruvannamanal District.”
Thus, the learned counsel for the respective parties pleaded that the proceedings pending in Crime No.777 of 2016 on the file of the East Police Station, Thiruvannamanal District, may be quashed.
3. In view of the submission made by the learned counsel for the respective parties and recording the said statement made in the affidavit filed by the second respondent / de facto complainant, the proceedings in Crime No.777 of 2016 pending on the file of the East Police Station, Thiruvannamanal District, as against the petitioners are quashed and the criminal original petition is allowed. Consequently, connected miscellaneous petition is closed.
19.01.2017 Index:Yes/No sbi To
1. The Inspector of Police, East Police Station, Thiruvannamalai District.
2. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN, J sbi Crl.O.P.No.396 of 2017 DATED: 19.1.2017 http://www.judis.nic.in