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Madras High CourtCRL OP/26588/2017allowed

S.Mahesh, M/A 50 Years, v. The State Rep By Its,

2017-12-07Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.12.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.26588 of 2017 S.Mahesh ... Petitioner Vs.

1.The State represented by its Sub-Inspector of Police, Central Crime Branch, Team XVI Thousand Lights, Chennai - 600 006.

2.Mohanambal 3.P.Durairaman .. Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to call for the records in C.C.No.178/2012, pending on the file of the learned Judicial Magistrate, Alandur and quash the same. For Petitioners : Mr.S.Sairaman For Respondents : Mr.C. Iyyapparaj Additional Public Prosecutor for R1 Mr.G.Punniakoti for R2 and R3

ORDER

This petitions has been filed seeking to quash the proceedings in C.C.No.178/2012, pending on the file of the learned Judicial Magistrate, Alandur.

2.Pending Criminal Original Petition, the defacto complainant and the petitioner have amicably resolved the dispute among themselves and accordingly, they have entered into a compromise and the defacto complainant has filed affidavit, dated 04.12.2017 before this Court.

3. Today, the defacto complainant, 3rd respondent and the petitioner are personally present before this Court and they have been identified by their respective counsel on record. The counsel for the parties have submitted the photo copies of the parties in respect of Driving License and Aadhar Cards viz., Mahesh - Driving License No.TN02 20060030655, Mohanambal - Aadhar No.2064 2054 6677 and Durairaman- Aadhar No.6186 9986 7170 and after verification of the original cards, the same were also recorded.

4. An affidavit, dated 04.12.2017 has been filed by the defacto complainant to the effect that the she has no objection, if the present Criminal Original Petition is allowed.

5. In view of the above submissions made by the learned counsels on either side and taking into account, the compromise entered into between the parties, the proceedings in C.C.No.178 of 2012 on the file of the learned Judicial Magistrate, Alandur is hereby quashed in so far as the petitioner is concerned.

6. The affidavit, dated 04.12.2017 filed by the defacto complainant is hereby recorded. The Criminal Original Petition is allowed. The affidavit, dated 04.12.2017 shall form part of the order. 07.12.2017 Index : Yes/No Internet: Yes/No cgi Note: Issue order copy on 11.12.2017 To 1.The Sub-Inspector of Police, Central Crime Branch, Team XVI Thousand Lights, Chennai - 600 006.

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

M.S.RAMESH.J, cgi Crl.O.P.No.26588 of 2017 07.12.2017