T.V.Ranganathan v. Colonel.N.Venugopal Retd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :28.06.2023

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN Crl.O.P.Nos.21262 of 2021 and 3682, 3698, 3683 and 3695 of 2022 and Crl.M.P.Nos. 11522 of 2021 and 1766, 1749, 1770 and 1750 of 2022 1.T.V.Ranganathan

...Petitioner/1st Accused in

Crl.O.P.No.21262 of 2021 2.Senthil Kumar Viswanathan

...Petitioner/6th Accused in

Crl.O.P.No.3682 of 2022 3.Arunkumar Madhavan Kutty Menon

...Petitioner/2nd Accused in

Crl.O.P.No.3698 of 2022 4.D.Vijai Anand Kumar ... Petitioner/5th Accused in Crl.O.P.No.3683 of 2022 5.C.Arvinth

...Petitioner/9th Accused in

Crl.O.P.No.3695 of 2022 Vs.

Colonel N.Venugopal (Retd) ... Respondent/Complainant in all Crl.O.Ps 1/6

COMMON PRAYER: Criminal Original Petitions have been filed under Section 482 of the Criminal Procedure Code, to call for the entire records in C.C.No.802/2021 (on the file of Judicial Magistrate - III, Coimbatore) and quash the same.

For Petitioners : Mr.K.Selvakumaraswamy in Crl.O.P.No.21262 of 2021 Mr.S.Prabhu in Crl.O.P.Nos.3682, 3698, 3683 and 3695 of 2022 For Respondent : Mr.S.Anand for Leela and Co in all Crl.O.Ps COMMON O R D E R These petitions are to quash the private complaint for the alleged offence under Sections 500 and 501 of IPC on the file of the learned Judicial Magistrate III, Coimbatore.

2.The allegation in the complaint is that the office bearers of the association in which, the respondent/complainant is a resident had sent a communication through e-mail to the other residents and stated in the mail that the car park was allotted by the builders as a Gift to the respondent and that the allotment of the car park amounted to trespass and tampering of legal documents etc.

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3.Mr.K.Selvakumaraswamy, the learned counsel for the petitioners submitted that the allegations would not constitute the offences alleged. The learned counsel further submitted that they did not intend to harm the reputation of respondent. Hence, he prayed for quashing of the proceedings.

4. Considering the fact that the dispute was primarily between the members of the association of residents and the nature of the allegation, this Court suggested to the learned counsel for the complainant/respondent to ascertain whether the respondent would be satisfied, if the petitioners rendered an unconditional apology. The learned counsel for the respondent/complainant fairly agreed to the said suggestion.

5. The petitioners have today filed an affidavit stating that they had no intention to defame the respondent and that if the alleged statements had hurt the sentiments of the respondent/complainant, they are tendering apology. In view of the same, the learned counsel for the complainant submitted that he has no objection for quashing of the complaint.

6. For the above said reasons, this Court is inclined to quash the impugned complaint. However, it is also made clear that this apology may 3/6

not be construed as an admission of the offence and would not affect the rights of the parties in any other proceedings between them.

7. With the above observations, these Criminal Original Petitions are allowed. Consequently, the connected Miscellaneous Petitions are closed. 28.06.2023 dk NCC: Yes/No Index: Yes/No Speaking/Non Speaking Order 4/6

To 1.The Judicial Magistrate III Coimbatore.

2.The Public Prosecutor High Court of Madras Chennai - 600 104.

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SUNDER MOHAN. J, dk Crl.O.P.Nos.21262 of 2021 and 3682, 3698, 3683 and 3695 of 2022 and Crl.M.P.Nos. 11522 of 2021 and 1766, 1749, 1770 and 1750 of 2022 28.06.2023 6/6