Y.Gangadharan v. The Sub Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.19606 of 2019

1. Y.Gangadharan

2. Prathap Reddy ...Petitioners Vs.

1. State by The Sub-Inspector of Police, Central Crime Branch, Team IX -''A'', Chennai.

( Crime No.80 of 2008)

2. E.Saleem Moideen

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for records and quash the proceeding in C.C.No.3284 of 2017 on the file of the Special Court for CCB (relating to cheating cases in Chennai) & CBCID metro cases, Egmore, Chennai in view of the compromise entered between the petitioners and the 2nd respondent.

For Petitioners : Mr.R.Rajarathinam For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.E.B.Surya Prakash

ORDER

This Criminal Original Petition has been filed to call for the records in C.C.No.3284 of 2017, on the file of the Special Court for CCB (relating to cheating cases in Chennai) & CBCID metro cases, Egmore, Chennai, Which was registered against the petitioners for an alleged offences under Sections 420, 465, 467, 468, 471 IPC r/w 34 IPC.

2. The case is still at the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3. A joint memo of compromise dated 24.07.2019 has been filed by the defacto complainant and the petitioners before this Court and an affidavit dated 24.07.2019 has been filed by the 2nd respondent. The petitioners and the second respondent were also present in person before this Court. In order to identify the respective parties, they have also produced the copy of the Aadhaar Card, is made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4. Under such circumstances, no useful purpose will be served in keeping the C.C. pending. Even though, the offences involved are not compoundable in nature, in the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the C.C.No.3284 of 2017.

5. This Criminal Original Petition stands allowed and as a sequel, the proceedings in C.C.No.3284 of 2017 on the file of the Special Court for CCB (relating to cheating cases in Chennai) & CBCID metro cases, Egmore, Chennai, is quashed and the terms of joint memo of compromise has been filed in the typed set of papers along with this petition and an affidavit filed by the 2nd respondent, shall form part and parcel of this order. Each of the petitioner shall pay a sum of Rs.1000/- (Rupees One Thousand only) as costs, to the credit of the Chief Justice Relief Fund (payable in Accounts Section of the High Court Registry), within a period of one week from the date of receipt of copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. * Xerox copy of the Joint Compromise of Memo is enclosed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar msrm To

1. The Special Court for CCB (relating to cheating cases in Chennai) & CBCID metro cases, Egmore, Chennai,

2. The Sub-Inspector of Police, Central Crime Branch, Team IX -''A'', Chennai.

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

Copy To:

The Section Officer, Accounts Section, High Court, Madras - 104.

+2ccs to Mr.R.Rajarathinam, Advocate, S.R.No.63432 Crl.O.P.No.19606 of 2019 NRL(CO) RRS(19/08/2019)