M/S.Castle Distributors Pvt Ltd v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 18012 of 2023 and Crl.M.P.Nos.11908 & 11909 of 2023

1. M/s.Castle Distributors Pvt. Ltd., 67, Maharishi Debendra Road, Green Plaza, 4th Floor, Room No.401, Kolkatta - 700 006.

2. Mr.Sanjay Kumar Kejriwal

3. Poonam Kejriwal ... Petitioners Vs.

1. The State Rep by The Inspector of Police, Central Crime Branch, EDF-1, Team-1, Vepery, Egmore, Chennai - 600 007.

2.D.Vijayakarthi Senior Manager Legal M/s.Sammunati Agro Solutions Pvt. Ltd., Baid Hi Tech Part, 8th Floor, 129 B, East Coast Road, Thiruvanmiyur, Chennai - 600 041.

... Respondents

PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records culminating in C.C.No.5202 of 2023 on the file of the learned Metropolitan Magistrate (CCB & CBCID Cases), Egmore, Chennai - 600 008 and quash the same.

For Petitioners : Mr.A.Lakshminarasimhan For Respondents For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) For R2 : Mr.Anirudh A Sriram

O R D E R

This Criminal Original Petition has been filed to quash the C.C.No.5202 of 2023 on the file of the learned Metropolitan Magistrate (CCB & CBCID Cases), Egmore, Chennai - 600 008, thereby taken cognizance for the offences under Sections 406 & 420 r/w 34 of IPC. 2.

The first petition is a company and the second petitioner died. Pending this petition, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. 3.

A Compromise Memo has been filed before this Court, which has been signed by the third petitioner and the defacto

complainant and also by their respective counsel. All the parties are present and identified by their respective counsel and the Police. In order to identify the respective parties, they have also produced the copies of the Aadhaar Card are 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 proceeding 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 proceeding in C.C.No.5202 of 2023 pending trial on the file of the learned Metropolitan Magistrate (CCB & CBCID Cases), Egmore, Chennai. 5.

In view of the above, the proceedings in C.C.No.5202 of 2023 on the file of the learned Metropolitan Magistrate (CCB & CBCID Cases), Egmore, Chennai, is hereby quashed. The terms of Compromise Memo shall form part and parcel of this Order. The first & third

petitioners shall pay a sum of Rs.5,000/-, (Rupees five Thousand only) each as costs, to the Chief Justice Relief Fund, Tamil Nadu, forthwith and file a photocopy of the receipt along with a memo reporting compliance in the Registry.

6.

Accordingly, the Criminal Original Petition stands allowed. Consequently, connected miscellaneous petitions are closed. 04.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

To

1. Metropolitan Magistrate (CCB & CBCID Cases), Egmore, Chennai.

2.The Inspector of Police, Central Crime Branch, EDF-1, Team-1, Vepery, Egmore, Chennai - 600 007.

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

G.K.ILANTHIRAIYAN, J.

Crl.O.P.No. 18012 of 2023 and Crl.M.P.Nos.11908 & 11909 of 2023 04.03.2025