R.Duraisamy (M/65) v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.10.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.2617 of 2017 and Crl. M.P. Nos.1852 & 1853 of 2017 R.Duraisamy ..Petitioner Vs 1.State rep.by Inspector of Police, Perundurai Police Station, Erode District.

Cr. No.517 of 2008.

2.P.Krishnamoorthy ..Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records in C.C. No. 143 of 2010 on the file of the learned District Munsif and Judicial Magistrate, Perundurai and quash the same.

For Petitioner : Mr. C.S.Saravanan For Respondents: Mr.P.Govindarajan, Additional Public Prosecutor for R1.

Mr.V.S.Kesavan for R2

O R D E R

The prayer sought for in the present petition is to quash the proceedings in C.C. No. 143 of 2010 on the file of the learned District Munsif and Judicial Magistrate, Perundurai.

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 27.10.2017.

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3. Today, the petitioner as well as the respondent/defacto complainant are personally present before this Court and also have been identified. In order to identify themselves, the petitioner and the defacto complainant/respondent have submitted the photo copies of their India Driving Licence (Tamil Nadu) viz., 1. P. Krishnamurthi - TN33 19800001980, and 2.R.Duraisamy - TN33 19830003030 and after verification of the original cards, the same are recorded.

4. An affidavit of the respondent/defacto complainant dated 27.10.2017 is also filed to the effect that he has no objection to quash the proceedings in C.C. No. 143 of 2010 on the file of the learned District Munsif and Judicial Magistrate, Perundurai.

5. Recording the same, the proceedings in C.C. No. 143 of 2010 on the file of the learned District Munsif and Judicial Magistrate, Perundurai is quashed. The Criminal Original Petition is allowed. Consequently, connected Miscellaneous Petitions are closed.

6. The Memorandum of Understanding dated 27.10.2017 between the petitioner and the respondent/defacto complainant and the affidavit filed by the respondent/defacto complainant dated 27.10.2017 shall form part of the order.

Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar To:

1.The Inspector of Police, Perundurai Police Station, Erode District.

2.The District Munsif and Judicial Magistrate, Perundurai.

3.The Additional Public Prosecutor, High Court, Madras.

+1cc to Mr. C.S.Saravanan, Advocate in sr.no.76627 Crl.O.P.No.2617 of 2017 NR 16/11/2017 https://hcservices.ecourts.gov.in/hcservices/