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Madras High CourtCRL OP/21635/2017allowed

Mrs.K.Kalaiyarasi, v. M/S.Zenith Builders (P) Ltd.,

2017-10-12Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.21635 of 2017 K.Kalaiyarasi ..Petitioner Vs M/s.Zenith Builders (P) Ltd., rep. By its Managing Director Pandurangan ..Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C. No. 123 of 2016 on the file of the learned Fast Track Court No.III, Metropolitan Magistrate, Saidapet, Chennai and quash the same. For Petitioner : Mr.A.Raghunathan, Senior Counsel for Mr.R.Sathishkumar For Respondent : Mr.Joe Anand

O R D E R

The prayer sought for in the present petition is to call for the records in C.C. No. 123 of 2016 on the file of the learned Fast Track Court No.III, Metropolitan Magistrate, Saidapet, Chennai and quash the same.

2. Pending Criminal Original Petition, the petitioner and the respondent/ defacto complainant have amicably resolved the dispute between themselves and accordingly, they have entered into a compromise and filed a Memorandum of Understanding dated 01.09.2017.

3. In order to identify themselves, the petitioner and the defacto complainant /respondent have submitted the photo copies of their Aadhar Cards viz., 1.Kaliyarasi - 443915586221, and 2.V.Pandurangan - 396245917976 and after verification of the original cards, the same are recorded.

4. Today, the petitioner as well as the respondent/defacto https://hcservices.ecourts.gov.in/hcservices/

complainant are personally present before this Court and also have been identified. An affidavit of the respondent/defacto complainant dated 06.10.2017 is also filed to the effect that he has no objection to quash the proceedings in C.C. No. 123 of 2016 on the file of the learned Fast Track Court No.III, Metropolitan Magistrate, Saidapet, Chennai.

5. Recording the same, the proceedings in C.C. No. 123 of 2016 on the file of the learned Fast Track Court No.III, Metropolitan Magistrate, Saidapet, Chennai is quashed. The Criminal Original Petition is allowed.

6. The Memorandum of Understanding dated 01.09.2017 between the petitioner and the respondent/defacto complainant and the affidavit filed by the respondent/defacto complainant dated 06.10.2017 shall form part of the order.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ak/aav To 1.

The Fast Track Court No.III, Metropolitan Magistrate, Saidapet, Chennai-15 +4ccs to Mr.R.Sathishkumar, Advocate, S.R.No.73254 Crl.O.P.No.21635 of 2017 CS/26/10/17 https://hcservices.ecourts.gov.in/hcservices/