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Madras High CourtCRL OP/9934/2022allowed

Jeba Singh Rajan v. The State Rep By Its,

2024-02-13Honourable Mrs Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2024

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI 1.Jeba Singh Rajan 2.Sherin Rajula ... Petitioners Vs.

1.State Rep. By The Inspector of Police, Land Grabbing Cell Team XVIII, Central Crime Branch, Vepery, Chennai.

Crime No.384 of 2014.

2.D.Sundar Singh ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to call for the entire records pertaining to the case in C.C.No.26 of 2021 pending on the file of the Metropolitan Magistrate, Special Court for land Grabbing - II, Chennai and quash the charge sheet by recording that the matter is settled on account of compromise between the accused and the defacto complainant.

For Petitioners : Mr.V.Jeyachandran For R1 : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

The petitioner has filed this petition to quash the C.C.No.26 of 2021 pending on the file of the Metropolitan Magistrate, Special Court for land Grabbing - II, Chennai, having been taken cognizance for the offences punishable under Sections 419, 420, 465, 467, 468, 471 read with section 120(B) of IPC.

2. The learned counsel for the petitioners submitted that as on date there is no land grabbing Court in the said jurisdiction and the case is transferred to Metropolitan Magistrate, Special Court for land Grabbing - II, Chennai. As on date C.C.No.26 of 2021 is renumbered as C.C.No.4652 of 2023 before the learned Metropolitan Magistrate for CCB & CBCID Court, Egmore, Chennai. Both the petitioners and the defacto complainant submitted that the matter was already settled, to that effect affidavit was filed by the complainant.

3. The learned counsel for the 1st respondent submitted that, as per the terms of compromise they have already filed a Civil Suit and the same was also settled between the parties. Hence, the defacto complainant is not

inclined to proceed with the complaint and there is no objection to quash the proceedings.

4. Considering the submission made by both side counsels and also on a perusal of the affidavit filed by the defacto complainant, the proceedings pending before the learned Metropolitan Magistrate for CCB & CBCID Court, Egmore, Chennai in C.C.No.4652 of 2023, is hereby quashed. The affidavit dated 12.02.2024 shall form part and parcel of this order.

5. Accordingly, this Criminal Original Petition is allowed. 13.02.2024 Index: Yes/ No rri

T.V.THAMILSELVI, J.

rri To 1.The Inspector of Police, Land Grabbing Cell Team XVIII, Central Crime Branch, Vepery, Chennai.

2.The Public Prosecutor, High Court of Madras.

13.02.2024