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Madras High CourtCRL OP/867/2018allowed

S.Anandha Kumar, M/A 29 Yrs, v. The State Rep By Its,

2018-01-11Honourable Mr Justice M.S. Ramesh3 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.867 of 2018

1. S.Anandhakumar

2. P.Magesh Ram

3. A.Saravanan

4. S.Magesh Kumar .. Petitioners Vs.

1.The State by The Sub Inspector of Police, R1, Mambalam Police Station, Chennai.

(Crime No. 1238 of 2013)

2. C.Arjunan .. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records pertaining to the C.C.No. 3072 of 2016 on the file of the XVII Metropolitan Magistrate, Saidapet, Chennai and quash the same. For Petitioner : Mr.S.Anbalagan For Respondent 1 : Mrs. P.Kritika Kamal Government Advocate (Crl.Side) For Respondent 2 : Mr.R.Sathish Kumar

O R D E R

This petition has been filed seeking to quash the proceedings in C.C.No. 3072 of 2016 on the file of the XVII Metropolitan Magistrate, Saidapet, Chennai.

2.Pending Criminal Original Petition, the defacto complainant and the petitioners have amicably resolved the dispute among themselves and accordingly, they have entered into a compromise and filed a compromise affidavit , dated 11.01.2018 before this Court.

3. Today, the defacto complainant and the petitioner is personally present before this Court and they have been identified by their counsel on record. The counsel for the parties have submitted the photo copies of the parties in respect of Aadhar Cards viz., S.Anand Kumar - Aadhar No.5974 1818 9110, Magesh Ram- Aadhar No.9595 8549 9569, SaravananAadhar No.5627 1107 9199, S.Magesh Kumar- Aadhar No.8964 4704 3158 and C.Arjunan - Aadhar No.5320 7070 8627 and after verification of the original cards, the same were also recorded.

4. A compromise affidavit, dated 11.01.2018 has been filed by the defacto complainant to the effect that he has no objection, if the present Criminal Original Petition is allowed.

5. In view of the above submissions made on either side and taking into account, the compromise entered into between the parties, the proceedings in C.C.No. 3072 of 2016 on the file of the XVII Metropolitan Magistrate, Saidapet, Chennai is hereby quashed.

6. The compromise affidavit, dated 11.01.2018 filed by the defacto complainant/C.Arjunan, is hereby recorded. The Criminal Original Petition is allowed. The Compromise memo, dated 11.01.2018 shall form part of the order. (Xerox copy attached in Compromise memo) Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar

To

1. The XVII Metropolitan Magistrate, Saidapet, Chennai.

2. The Sub Inspector of Police, R1, Mambalam Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Anbalagan Advocate SR.No.2705 Crl.O.P.No.867 of 2018 SDR 03.02.2018