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Madras High CourtCRL RC/75/2018allowed

Manu Menon, Aged 46 Years, v. State By,

2018-02-05Honourable Mr Justice M.V. Muralidaran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2018

CORAM:

THE HON'BLE MR.JUSTICE M.V.MURALIDARAN Crl.R.C.Nos.75 & 76 of 2018 Crl.M.P.Nos. 561 to 564 of 2018 Manu Menon .. Petitioner/Appellant/Accused in Crl.RC.No.75 of 2018 *Mohan Menon .. Petitioner/Appellant/Accused in Crl.RC.No.76 of 2018 Vs.

1. State rep. by its Inspector of Police, Central Crime Branch, Coimbatore.

.. 1st Respondent/Complainant in both Crl.Rcs.

2. R.Mohanasundaram .. 2nd respondent/defacto complainant (impleaded as per order of this court dated 05.2.2018) These Criminal Revision Petitions have been filed under Section 397(1) r/w 401 of the Code of Criminal Procedure against the order passed by the learned Ist Additional District & Sessions Judge, Coimbatore, in C.A.Nos.174 & 176 of 2015, dated 06.10.2017 confirming the judgment of the learned Magistrate No.VII, Coimbatore, in C.C.No.35 of 2002, dated 09.07.2015 convicting the petitioner for the offence under Section 420 of IPC and sentencing them to undergo two years rigorous imprisonment and to pay a fine of Rs.5,000/- in default to undergo 1 year rigorous imprisonment.

For Petitioner in both Crl.Rcs. : Mr.P.Sidharthan For Respondent in both Crl.Rcs.

: Ms.S.Reeja COMMON ORDER Since these Criminal Revision cases have been preferred, challenging the order passed by the learned First Additional District and Sessions Judge, Coimbatore against the order of the learned Judicial Magistrate VII, Coimbatore, they were disposed of by a common order. Petitioner/accused in both the revision have also filed Crl.M.P.Nos.1568 of 2018 in Crl.R.C.No.76 of 2018 and Crl.M.P.No.1569 of 2018 in Crl.R.C.No.75 of 2018 https://hcservices.ecourts.gov.in/hcservices/

seeking to compound the offence.

2. Petitions in Crl.M.P.No.1550 of 2018 in Crl.R.C.No.75 of 2018 and Crl.M.P.No.1551 of 2018 in Crl.R.C.No.76 of 2018 have been filed seeking to implead the defacto complainant and the same is ordered.

3. Both the complainant and the accused were present before this court. Learned Government Advocate (Crl.side) took notice for the first respondent.

4.Both the parties submits before this court that upon mediation among themselves, they have come to an amicable settlement and that the petitions seeking to compound the offence were also filed. Both the parties were examined in the open court along with their respective counsel and they have agreed to resolve their dispute.

5. In view of the above, the order passed by the learned I Additional District & Sessions Judge, Coimbatore, in C.A.Nos.174 & 176 of 2015, dated 06.10.2017 is set aside. These Criminal Revision Cases are allowed and the Crl.M.P.Nos.1569 of 2018 in Crl.R.C.No.75 of 2018 & Crl.M.P.No.1568 of 2018 in Crl.R.C.No.76 of 2018 are allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III) dt.5/3/2018 *Corrected order issued on 11.4.2018 Sd/- Sub Assistant Registrar(co) dt.11.4.2018 //True Copy// Sub Assistant Registrar smi To

1. The I Additional District & Sessions Judge, To be substituted Coimbatore. to the order copy 2.The Judicial Magistrate VII, Coimbatore. already despatched

3. The Public Prosecutor, High Court, Madras. on 26.3.2018 +2cc to Mrs.Reeja, Advocate Sr.No.9329 +4cc to Mr.P.Sidharthan, Advocate Sr.No.9327 & 9328 LRS(CO) sm:7.3.2018 sm:12.4.2018 Crl.R.C.Nos.75 & 76 of 2018 https://hcservices.ecourts.gov.in/hcservices/