B.Ramachandran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2020

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.28228 of 2014 B.Ramachandran, S/o.Sri Balakrishnan ... Petitioner

Versus

1. The State Represented by the Inspector of Police, F-5, Choolaimedu Police Station, Choolaimedu, Chennai - 600 094.

(Crime No.59 of 2002)

2. The Assistant Executive Engineer, (Operation & Maintenance), Tamil Nadu Electricity Board, Chennai Electricity Distribution Circle (West) Arumbakkam, Chennai - 600 106.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in C.C.No.41 of 2014 on the file of the Principal District and Sessions Judge, Chennai, quash the proceedings. For Petitioner : Mr.C.S.Dhanasekaran For R1 : Mr.C.Iyyappa Raj Additional Public Prosecutor For R2 : Mr.R.Shanmugadoss

O R D E R

The petitioner, who is an accused in C.C.No.No.41 of 2014, has filed this quash petition.

2. The learned counsel for the second respondent has filed a memo along with the order passed in Lok Adalat dated 28.02.2013, payment particulars and the receipt for receiving the final payment of Rs.1,29,236/-. For clarify paragraph 3 of the order dated 28.02.2013 passed in Lok Adalat is extracted hereunder:

"3. A compromise seems to have been arrived https://hcservices.ecourts.gov.in/hcservices/

at between the parties and a joint memo of compromise has been filed duly signed by the Executive Engineer/TANGEDCO and Accounts Manager of the petitioner/League club and the counsel for both sides. As per the compromise the balance of Rs.1,29,236/- has to be paid by the petitioner. It is also reported by both sides that the above payment has been made and accepted by the respondent/TANGEDCO."

3. Considering the memo filed by the learned counsel for the second respondent, the order of the Lok Adalat, the payment particulars and receipt are produced and verified. In view of the same, the proceedings in C.C.No.41 of 2014 on the file of the Principal District and Sessions Judge, Chennai, is quashed. Accordingly, the Criminal Original Petition is allowed. Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar rst To:

1.The Principal District & Sessions Judge, Chennai 2.The Inspector of Police, F-5, Choolaimedu Police Station, Choolaimedu, Chennai - 600 094.

(Crime No.59 of 2002) 3.The Assistant Executive Engineer, (Operation & Maintenance), Tamil Nadu Electricity Board, Chennai Electricity Distribution Circle (West) Arumbakkam, Chennai - 600 106.

4.The Public Prosecutor, Madras High Court.

+1cc to Mr.V.Viswanathan, Advocate, Sr.No.31356 Crl.O.P.No.28228 of 2014 BR(CO) GS(21/10/2020) https://hcservices.ecourts.gov.in/hcservices/