K.N.Murali v. J.B.Soloman Petter Kamalthas

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 10.08.2018 Pronounced on : 07.01.2019

CORAM:

THE HONOURABLE Mr.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.29680 of 2011 and M.P.Nos.1&2 of 2011 K.N.Murali ... Petitioner / Accused Vs.

J.B.Soloman Petter Kamalthas ... Respondent / Complainant PRAYER: Petition is filed under Section 482 of Criminal Procedure Code, to call for the records in P.R.C.No.144 of 2011, on the file of the Chief Metropolitan Magistrate, Egmore and quash the same.

For Petitioner : Mr.R.Vivekanandan For Respondent : Mr.Sheik Mehrunissa For Mr.A.Thirumaran

O R D E R

The Criminal Original Petition has been filed praying to quash the proceedings in P.R.C.No.144 of 2011, on the file of the Chief Metropolitan Magistrate, Egmore.

2. When the matter is taken up for hearing, both the learned counsel appearing for the petitioner as well as the respondent would submit that the matter has been amicably settled between the parties.

3. The petitioner as well as respondent are appeared before this Court along with their respective counsels. Their identification were also verified by their respective counsels. They submitted before this Court that they settled the matter amicably between them and they have also filed a "Joint Memo of Compromise", dated 01.08.2018, stating that the matter in issue between them has been amicably resolved and therefore, the 2nd respondent / complainant is not willing to prosecute the case. https://hcservices.ecourts.gov.in/hcservices/

4. The Court heard the submissions made by the learned counsels appearing on either side and perused the materials available on record.

5. Considering the facts and circumstances of the case and after going through the records as well as the "Joint Memo of Compromise", dated 01.08.2018, this Court is inclined to quash the proceedings in P.R.C.No.144 of 2011, on the file of the Chief Metropolitan Magistrate, Egmore.

6. In the result, this Criminal Original Petition is allowed and the proceedings in P.R.C.No.144 of 2011, on the file of the learned Chief Metropolitan Magistrate, Egmore, is quashed. The 'Joint Memo of Compromise", dated 01.08.2018, shall form part of the record.

Consequently, the connected miscellaneous petitions are closed.

*The Xerox Copy of the Memo of Compromise enclosed Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar MPK To The Chief Metropolitan Magistrate, Egmore.

Crl.O.P..No.29680 of 2011 ssj[co] srg 22/03/2019 https://hcservices.ecourts.gov.in/hcservices/