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Madras High CourtCRL OP/1152/2018allowed

Murugesan, v. State Rep By

2018-01-12Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :12.01.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.1152 of 2018 and Crl.M.P.No.395 of 2018

1. Murugesan

2. Elumalai

3. Nataraj

4. Ramesh

5. Mari

6. Vijayakumar

7. Sivakumar .. Petitioners/ Accused Vs.

1.The State by The Inspector of Police, C5 Vengal Police Station, Tiruvallur District.

2. Suresh .. Respondents/Defacto/ Complainant PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in CC No.259 of 2017 on the file of the learned Judicial Magistrate No.I, Tiruvallur and quash the same.

For Petitioner : Mr.R.Vijayakumar For Respondent 1 : Mrs. P.Kritika Kamal Government Advocate (Crl.Side) For Respondent 2 : Mr.S.Mahendran

O R D E R

This petition has been filed seeking to quash the proceedings in C.C.No. 259 of 2017 on the file of the learned Judicial Magistrate No.I, Tiruvallur.

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 an affidavit , dated 08.01.2018 before this Court.

3. Today, the defacto complainant and the petitioners are 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., Murukesan - Aadhar No.467904696386, N.Elumalai- Aadhar No.5984 6592 3427, Natarajan, Aadhar No.7070 9510 6512, Ramesh- Aadhar No.8861 8613 5580, M.Vijayakumar-9674 8897 8760, Sivakumar- Aadhar No.2561 25343690 and N. Suresh- 6213 3528 0073 after verification of the original cards, the same were also recorded.

4. A compromise affidavit, dated 08.01.2018 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. 259 of 2017on the file of the learned Judicial Magistrate No.I,Tiruvallur is hereby quashed.

6. The compromise affidavit, dated 08.01.2018 filed by the defacto complainant/N.Suresh, is hereby recorded. The Criminal Original Petition is allowed. The affidavit, dated 08.01.2018 shall form part of the order. Consequently, connected miscellaneous petition is closed.

Xerox copy of Affidavit N.suresh dt 8.1.18 Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar aav To

1. The Judicial Magistrate No.I, Thiruvallur.

2. Do-Through The Chief Judicial Magistrate, Thiruvallur.

3. The Inspector of Police, C5 Vengal Police Station, Tiruvallur District.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Vijauakumar, Advocate, S.R.No.3290 Crl.O.P.No.1152 of 2018 RSY(CO) RRK(07/02/2018)