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Madras High CourtCRL OP/516/2018allowed

Prakash, M/A 38 Years, v. The State Rep By Its,

2018-01-11Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.516 of 2018 1.Prakash 2.Indhirani ..Petitioners Vs

1. State through the The Inspector of Police, Kumaralingam Police Station, Madathukulam Taluk, Tiruppur District.

(Crime No.508 of 2015) 2.Madhankumar ..Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records and to quash the charge sheet in C.C.No.345 of 2017 dated 10.08.2017 on the file of the Judicial Magistrate Court No.1, Udumalpet as far as all the petitioners/accused are concerned.

For Petitioners : Mr.M.Purushothaman For Respondent 1 : Mrs.P.Kritika Kamal Government Advocate (Crl.Side) For Respondent 2 : Mr.K.Mathankumar

O R D E R

The prayer sought for in the present petition is to call for the records and to quash the charge sheet in C.C.No.345 of 2017 dated 10.08.2017 on the file of the Judicial Magistrate Court No.1, Udumalpet as far as all the petitioners/accused are concerned.

2. Pending Criminal Original Petition, the petitioners and the respondent/ defacto complainant have amicably resolved the dispute between themselves and accordingly, they have entered into a joint compromise and filed a Memorandum of Understanding dated 27.10.2017.

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3. In order to identify themselves, the petitioners and the defacto complainant /respondent have submitted the photo copies of their Aadhar Cards viz., Prakash - 222728088930, Indirani - 347440695640 and Madhankumar - 809385135665 and after verification of the original cards, the same are recorded.

4. Today, the petitioners as well as the respondent/defacto complainant are personally present before this Court and also have been identified. An affidavit of the respondent/defacto complainant dated 10.08.2017 is also filed to the effect that he has no objection to quash the proceedings in C.C. No. 345 of 2017 on the file of the learned Judicial Magistrate Court No.1, Udumalpet.

5. Recording the same, the proceedings in C.C. No. 345 of 2017 on the file of the learned Judicial Magistrate Court No.1, Udumalpet is quashed. The Criminal Original Petition is allowed.

6. The Memorandum of Understanding dated 27.10.2017 between the petitioners and the respondent/defacto complainant and the affidavit filed by the respondent/defacto complainant dated 10.08.2017 shall form part of the order.

s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar nmm To

1. The Inspector of Police, Kumaralingam Police Station, Madathukulam Taluk, Tiruppur District.

2. The Public Prosecutor, High Court, Madras.

3. The Judicial Magistrate No I Udumalpet.

+1 CC to Mr.M. Purushothaman, Advocate sr 2533. Crl.O.P.No.516 of 2018 GP(CO) SP(06/02/2018) https://hcservices.ecourts.gov.in/hcservices/