Jaganathan, Age 58 Years, v. State Rep. By The Sub

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.09.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.20528 of 2016 1.Jaganathan 2.J.Srividhya

...Petitioners/Accused

Vs 1.State represented by The Sub-Inspector of Police, Tindivanam Police Station, Villupuram.

2.Hemachandra Kumar ... Respondents/Complainant and Defacto Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the Records of Criminal Proceedings in C.C.No.134 of 2015 pending on the file of learned Judicial Magistrate-I, Thindivanam and quash the same based on the compromise Agreement dated 24.08.2016 arrived at between the Petitioners and the Defacto Complainant herein and his family members.

For Petitioners : Mr.P.M.Ramanamoorthy For 1st Respondent : Mr.C.Emalias Additional Public Prosecutor For 2nd Respondent : Mr.I.Subramaniam, Senior Counsel for Mr.S.Elambharathi

ORDER

This petition has been filed to to call for the Records of Criminal Proceedings in C.C.No.134 of 2015 pending on the file of learned Judicial Magistrate-I, Thindivanam and quash the same based on the compromise Agreement dated 24.08.2016 arrived at between the Petitioners and the Defacto Complainant herein and his family members.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondents.

3. On the complaint lodged by Hemachandrakumar (2nd Respondent/defacto complainant), the first respondent police registered a case in Crime No.265 of 2014 and after completing the investigation, has filed a final report in C.C.No.134 of 2015 before the Judicial Magistrate No.1 Tindivanam, under Sections 294 (b), 324 and 506(ii) IPC against Jaganathan and Srividhya, the petitioners herein, for quashing which this petition has been filed on the ground that the parties have arrived at a compromise.

4. Mr.Shekh Fakrudeen, Spl. S.I., Tindivanam Police Station is present. Hemachandra kumar, Jaganathan and Srividhya are also present and they are identified.

5. It is seen that the parties have arrived at a compromise dated 24.08.2016 and has been filed, wherein the parties have agreed to quash the proceedings in C.C.No. 134 of 2015. The original joint memorandum of compromise dated 24.08.2016 is kept in Crl.OP.No.20527 of 216 and a photocopy of the same is filed in this petition.

6. In the light of the above, this petition is allowed and the proceedings under C.C.No.134 of 2015 on the file of Judicial Magistrate No.1, Tindivanam is hereby quashed. Sd/- Asst. Registrar.

/true copy/ Sub Asst. Registrar.

dpq To 1.The Judicial Magistrate-I, Tindivanam 2 Do thro the Cheif Judicial Magistrate Villupuram

3.The Public Prosecutor, High Court, Chennai.

4.The Spl. Sub Inspector of Police Tindivanam Police Station, Villupuram District.

+1 CC to Mr. P.M. Ramanamoorthy, Advocate Sr.No.51367 Crl.OP.No.20528 of 2016 MSM CO MD : 17/10/2016