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Madras High CourtCRL OP/17799/2015ordered

Shell India Marketing Pvt. Ltd v. S.A.Kannan

2016-07-11Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.17799 of 2015 and M.P.Nos.1 & 2 of 2015 1.Shell India Marketing Private Limited (Now known as Shell India Markets Private Limited) 8th Floor, Westminster, New No.70, (Old No.108), Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

2.M.Mohideen Basheer, S/O.S.K.M.Mohamed Amanulla, M/s.Shell India Marketing Private Limited (Now known as Shell India Markets Private Limited) 8th Floor, Westminster, New No.70, (Old No.108), Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

... Petitioners Vs S.A.Kannan ... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the records in CC No.355 of 2009 on the file of the learned Judicial Magistrate No.IV, Salem and to quash the same.

For Petitioners :Mr.P.Ranganatha Reddy Senior Partner for M/s.King and Partridge For Respondent :Mr.M.Elango

ORDER

This petition has been filed to quash the proceedings in CC No.355 of 2009 on the file of the learned Judicial Magistrate No.IV, Salem.

2. It is seen that S.A.Kannan has initiated prosecution against one G.Rajkumar and 6 others in C.C.No.355 of 2009 before the learned Judicial Magistrate No.IV, Salem for alleged offences under Sections 420, 469 & 415 IPC. It appears that the parties have arrived at a compromise, pursuant to which, S.A.Kannan (Complainant/Respondent herein) has entered appearance through his counsel Mr.M.Elango and has filed a memo of compromise agreeing to withdraw the prosecution in C.C.No.355 of 2009.

3. In view of the above, instead of remitting the matter to the trial Court for withdrawing of the complaint, this Court is of the view that it will serve the best interest of justice, if the prosecution in C.C.No.355 of 2009 is hereby quashed as against all the accused therein.

In the result, the criminal original petition is allowed. Consequently, connected Miscellaneous Petitions are closed. 11.07.2016 sms To 1.The Judicial Magistrate No.IV, Salem.

P.N.PRAKASH,J, sms Crl.OP.No.17799 of 2015 and M.P.Nos.1 & 2 of 2015 11.07.2016