IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.04.2017 CORAM THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.5465 of 2017 R.Prabhakaran ... Petitioner Vs.
1. State rep. by Inspector of Police W-21, All Women Police Station, Guindy, Chennai – 600 032.
2. Mariammal ... Respondents Prayer:
Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records in W-21, All Women Police Station, Guindy, Chennai – 32 in Cr.No.10 of 2014 pending on the file of the 1st respondent/ complainant and quash the same.
For Petitioner : Mr.P.Prince Premkumar For Respondents : Mr.C.Emalias for R1 Additional Public Prosecutor R2 – Present O R D E R The present criminal original petition has been filed seeking to call for the records in W-21, All Women Police Station, Guindy, Chennai, in Cr.No.10 of 2014, pending on the file of the first respondent and to quash the same.
2. Today, when the matter was taken up for consideration, an affidavit was filed by the second respondent/ defacto complainant, duly signed by her, before a Notary Public, in which, it is stated that due to some mis-understanding between herself and the petitioner, she lodged the complaint. She also states that due to mental depression and under pressure, she gave statements to the first respondent and that now, after the advice of the elders, a compromise has been entered into, between them and she has no objection to quash the impugned proceedings.
3. The learned counsel for the petitioner submitted that the petitioner was not able to come to the Court today, as he is suffering from typhoid. He also produced a medical certificate issued by a Medical Officer of the Government Primary Health Centre, Kurangani, Theni District, dated 01.04.2017 to that effect. The second respondent/ defacto complainant is present in Court and her identity is verified and she accepted the contents in the affidavit, as true and genuine.
4. Recording the affidavit filed as stated supra and the medical certificate issued by the Medical Officer of Government Primary Health Centre, Kurangani, Theni District, dated 01.04.2017, the proceedings in Cr. No.10 of 2014 pending on the file of W-21, All Women Police Station, Guindy, Chennai – 32, is quashed and the criminal original petition is disposed of accordingly. Consequently, connected miscellaneous petition is also closed.
05.04.2017 pri Index : Yes / No Internet : Yes / No To
1. The Inspector of Police W-21, All Women Police Station, Guindy, Chennai – 600 032.
2. The Public Prosecutor, High Court, Madras.
R.MAHADEVAN,J.
pri Crl.O.P.No.5465 of 2017 05.04.2017