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Madras High CourtCRL OP/25297/2016allowed

R.Ashok Agarwal, Aged 54 Years v. M/S.Shri Veeraganapathi

2017-11-02Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.Nos.25297 to 25300 of 2016 and Crl.M.P.Nos.12261 to 12268 of 2016

1. R.Ashok Agarwal

2. Anita Agarwal

3. Ajay Agarwal

4. Vishwanathan ..Petitioners in all Crl.O.Ps.

Vs M/s. Shri Veeraganapathi Steels Pvt. Ltd., Represented by its Director, Mr.Narayan Maneshwari, No.177/2, P.H.Road, Flat No.703, Legend Apartment, Chennai - 600 010.

... Respondent in all Crl.O.Ps.

Prayer in all Crl.O.Ps.: Criminal Original Petitions filed under Section 482 Cr.P.C. to call for the records in C.C.Nos. 1564, 1565, 1567, 1639 of 2016 respectively, on the file of the learned IV Fast Track Court, (Magistrate Level) at George Town, Chennai and quash the same.

For Petitioners in all Crl.O.Ps. : Mr.R.Vivekananthan For Respondent in all Crl.O.Ps.: Mr.M.L.Joseph for M/s. Chennai Law Associates

O R D E R

The prayer sought for in the present petition is to call for the records and quash the proceedings in C.C.Nos. 1564, 1565, 1567 and 1639 of 2016 respectively, on the file of the learned IV Fast Track Court, (Magistrate Level) at George Town, Chennai.

2. Pending Criminal Original Petitions, the defacto complainant and the petitioners have amicably resolved the dispute among themselves and accordingly, they have entered into a compromise and the defacto complainant has filed an affidavit, dated 02.11.2017 before this Court.

3. Today, the defacto complainant and the petitioners are personally present before this Court and they have been identified by their counsel on record. The counsel for the parties have submitted the photo copies of the parties in respect of Passport & Driving Licence viz., Narayan Maheswari - Passport No.Z2391209, Anitha Agarwal- Passport No. J0881953, Ashok Agarwal- Voters ID No. BDZ2703205, Ajay Agarwal - Driving Licence No.TN01 19920006628 and Viswanathan - Driving Licence No. TN02 20090015330 and after verification of the original cards, the same were also recorded.

4. An affidavit,* dated 02.11.2017 has been filed by both the defacto complainant as well as petitioners to the effect that the defacto complainant has no objection, if the present Criminal Original Petitions are allowed.

5. "Pending the original petition, the learned counsel for the respondent has submitted that the proceedings in C.C.No.1564, 1565, 1567, 1639 of 2016, on the file of the learned IV Fast Track Court, (Magistrate Level) at George Town, Chennai as against the 2nd, 3rd and 4th petitioners herein can be quashed and has also filed an affidavit dated 02.11.2017 of that effect. Hence, the proceedings in C.C.NO.1564, 1565, 1567, 1639 of 2016, on the file of the learned IV Fast Track Court, (Magistrate Level) at George Town, Chennai are hereby quashed insofar as the petitioners 2, 3 & 4 are concerned.*

6. An affidavit,* dated 02.11.2017 filed by the defacto complainant/Narayan Maheswari, is hereby recorded. The Criminal Original Petitions are allowed. An Affidavit,* dated 02.11.2017 shall form part of the order.

Sd/- Assistant Registrar(CS-IX) dt. 13.12.2017 Corrected as per the order of this Court dated 8.10.2017 and made herein.

//True Copy// Sub Assistant Registrar

rts To The Presiding Officer IV Fast Track Court, (Magistrate Level) George Town, Chennai.

+ 4 ccs to M/s. Chennai Law Associates, SR.87289, 87290,87291,87292(14.12.17) Crl.O.P.Nos.25297 to 25300 of 2016 and Crl.M.P.Nos.12261 to 12268 of 2016 MP(CO) EU(3/12/2017)