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Madras High CourtCRL RC/1625/2016closed

S.Jeyaprakash, Aged 42 Years v. M.Subbaiah,

2023-06-14Honourable Mr Justice Rmt. Teekaa Raman4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN Crl.O.P.No.26565 of 2016 and Crl.M.P.No.7930 of 2017 S.Jeyaprakash ... Petitioner in both cases

Versus

1.M.Subbaiah 2.S.Andal 3.S.Senthilkumar ... Respondents in both cases Prayer in Crl.R.C.No.1625 of 2016: Criminal Revision filed under under Section under Sections 397 and 401 (1) of Criminal Procedure Code, to set aside the order dated 18.11.2016 passed in C.M.P.No.1415 of 2016 in C.C.No.176 of 2015 on the file of the District Munsif cum Judicial Magistrate at Sriperumbudur. Prayer in Crl.O.P.No.26565 of 2016: Criminal Original Petition filed under 482 of Criminal Procedure Code, to set aside the order dated 18.11.2016 passed in C.M.P.No.1910 of 2016 in C.C.No.176 of 2015 on the file of the District Munsif cum Judicial Magistrate at Sriperumbudur.

For Petitioner : Mr.P.Krishnan in both cases For Respondents : Mr.C.Arun kumar in both cases

J U D G M E N T

The complainant Jayaprakash is present. Copy of his Aadhar card is produced before this Court. The respondents 1 and 2 are appears to be a Senior Citizen and hence their son S. Senthilkumar appeared on their behalf. The respective counsel identified the complainant and Accused No.3.

2. Memorandum of Understanding of compromise, dated.22.05.2023 is signed by both parties and their counsel. The Memorandum of Understanding is taken on file. The terms of Memorandum of Understanding are hereby recorded and Clause No.III reads as follows:- "iii) That in view of the assurance of the parties of the Second Part, upon cancellation of the Settlement Deeds as mentioned hereinabove, the Party of the First Part has also agreed to withdraw the criminal complaints preferred as against the parties of the Second Part and hereby undertakes to extend his co-operation for closure of the Crl.R.C.No.1625 of 2016 and Crl.O.P.No.26565 of 2016, on the file of the Hon'ble Madras High Court as settled out of Court and for closure of C.C.No.176 of

2015 on the file of the Judicial Magistrate, Sriperumbudhur and Crime No.515 of 2019, on the file of Mylapore Police Station and the Parties of the Second Part have agreed to withdraw W.A.Nos.715 and 874 of 2022 by filing a memo along with this M.O.U which shall form part of the court proceedings."

3. Both Criminal Revision Petition and Criminal Original Petition are closed in terms of Memorandum of Understanding. Memorandum of Understanding shall form part of the order. Consequently, connected Crl.M.P is closed.

14.06.2023 nvi Speaking/Non-Speaking order To The District Munsif cum Judicial Magistrate at Sriperumbudur.

RMT.TEEKAA RAMAN,J., nvi Crl.O.P.No.26565 of 2016 and Crl.M.P.No.7930 of 2017 14.06.2023