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Madras High CourtCRL OP/6751/2017allowed

M.R.Srinivasan, Aged 50 Years, v. State Rep. By,

2018-03-13Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH Crl.OP No.6751 of 2017 and Crl.MP.Nos.4937 & 4937 of 2017 M.R.Srinivasan ... Petitioner

Versus

1.The State rep.by, The Inspector of Police, T-14, Mangadu Police Station, Mangadu, Chennai -600 122.

Kancheepuram District.

(Crime No.1384 of 2014) 2.M.Bharathi ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C, praying to call for the records and quash the proceedings in C.C.No.173 of 2015, pending on the file of the Learned District Munsif cum Judicial Magistrate, Sriperumpudur, Kancheepuram District as far as the petitioner is concerned. For Petitioner : Mr.K.Balasubramaniam For Respondent : Mrs.P.Kritika Kamal Government Advocate (Crl.Side) - For R1 : Mr.D.Dayalan - For R2

O R D E R

The prayer sought for in the present petition is to call for the records and quash the proceedings in C.C.No.173 of 2015, pending on the file of the Learned District Munsif cum Judicial Magistrate, Sriperumpudur, Kancheepuram District as far as the petitioner is concerned.

2. It is submitted that, pending Criminal Original Petition, the petitioners and the 2nd respondent/defacto complainant have amicably resolved the dispute between themselves have entered into a Joint Memo of Compromise dated 06.03.2018 and an Affidavit, dated 06.03.2018. https://hcservices.ecourts.gov.in/hcservices/

3. Both the learned counsel have identified the petitioner's and the de-facto complainant, who is present before this Court today. In order to identify the 2nd respondent / defacto complainant, he has submitted his photo copy of the Adhar Card, M.Bharathi - 535182883626 and after verification of the original, the same is recorded.

4. Today, a Joint Memo of Compromise, dated 06.03.2018 and an Affidavit, dated 06.03.2018 was also filed by the 2nd respondent/defacto complainant to the effect that he has no objection to quash the proceedings in C.C.No.173 of 2015, pending on the file of the Learned District Munsif cum Judicial Magistrate, Sriperumpudur, Kancheepuram.

5. Recording the same, the proceedings in C.C.No.173 of 2015, pending on the file of the Learned District Munsif cum Judicial Magistrate, Sriperumpudur, Kancheepuram is quashed. The Criminal Original Petition is allowed.

6. The Joint Memo of Compromise dated 06.03.2018 and an Affidavit, dated 06.03.2018 is filed by the 2nd respondent/defacto complainant shall form part of the order. klt Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar To 1.The Inspector of Police, T-14, Mangadu Police Station, Mangadu, Chennai -600 122.

Kancheepuram District.

2. The Public Prosecutor High Court, Madras.

+1CC to M/S.K.Bala subramanian, Advocate in SR.NO. 18945 Crl.OP No.6751 of 2017 and Crl.MP.Nos.4937 & 4937 of 2017 RK [CO] MLT-26/03/2018 https://hcservices.ecourts.gov.in/hcservices/