A.Nafees Ahamed v. Dr.N.Sundaravelu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE B. PUGALENDHI Crl.O.P.No.4700 of 2010 A. Nafees Ahamed

...Petitioner/Accused

Vs.

Dr. N. Sundaravelu

...Respondent/Complainant

Prayer: Criminal Original Petition filed under Section 482 of the Criminal Procedure Code to call for the records pertaining to the private complaint in C.C.14607 of 2009 on the file of the XXIII Metropolitan Magistrate, Saidapet, Chennai and quash the same.

For Petitioner : Mr.R.Selvakumar For Respondent : Dr.N.Sundaravelu [Party-in-Person]

ORDER

This Criminal Original Petition has been filed by the petitioner/accused to quash the proceedings pending against him in C.C.No.14607 of 2009 on the file of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai. The proceedings in C.C.No.14607 of 2009 was initiated on the basis of a private complaint lodged by the respondent under Sections 499 and 500 IPC.

2. Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner as well as both the parties are present and they have also filed a Joint Compromise Affidavit, in which, it has been stated as follows: "4. We state that we both have compromised amongst ourselves and that the second of us have decided to withdraw C.C.No.14607 of 2009 and hence we swear this joint compromise affidavit, jointly, to assure the same and to file the same unto the Honourable High Court of Judicature at Madras. Already the 2nd of us have moved the High Court Legal Services Committee, vide HCLSC https://hcservices.ecourts.gov.in/hcservices/

No.A/9/18, dated 19.02.2018 for effecting compromise."

3.In view of the affidavit of joint compromise dated 04.12.2018, this Court is of the opinion that no useful purpose would be served in keeping the matter pending. Therefore, this petition is allowed and the proceedings in C.C.No.14607 of 2009 on the file of the learned XXIII Metropolitan Magistrate, Saidapet, Chennai is hereby quashed. The affidavit of joint compromise dated 04.12.2018 shall form part of this order. Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar msm/gk To The XXIII Metropolitan Magistrate, Saidapet, Chennai.

Crl.O.P.No.4700 of 2010 AD(CO) GN(02/08/2019) https://hcservices.ecourts.gov.in/hcservices/