← Library
Madras High CourtCRL OP/25424/2016ordered

Balaji, M/30 v. The State Of Tn Rep By Its

2017-06-09Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Crl.O.P.No.25424 of 2016 1.Balaji 2.Jambulingam 3.Indumathi 4.Anuradha 5.Aiswarya [ Petitioners ] Vs

1. The State of Tamil Nadu rep.by its Inspector of Police, All Women Police Station, Sirkali.

2. Preethi Selvaraj [Respondents] Petition filed under Section 482 of the Criminal Procedure Code, to call for the records in C.C.No.54 of 2015 on the file of the Judicial Magistrate Court, Sirkali and quash the same. For Petitioners : Mr.H.Nazirudeen For Respondents : Mr.C.Emalias, Additional Public Prosecutor for R1 Mr.K.Subbu Ranga Bharathi for R2

O R D E R

This Criminal Original Petition has been filed seeking to quash the proceedings in C.C.No.54 of 2015 on the file of the Judicial Magistrate Court, Sirkali.

2.When this Criminal Original Petition was taken up, the learned counsel for the petitioners and the learned counsel for the second respondent, have filed separate affidavits on behalf of the first petitioner as well as the second respondent/ defacto complainant, respectively. In both these affidavits, it is stated that they have entered into a compromise and the dispute between them has been settled out of Court. It is stated that as per the compromise, a total sum of Rs.35,00,000/- https://hcservices.ecourts.gov.in/hcservices/

(Rupees Thirty Five Lakhs Only) has been agreed to be paid by the first petitioner to the second respondent as full and final settlement, and accordingly, the first petitioner paid a sum of Rs.15,00,000/- by cash, a sum of Rs.14,00,000/- by way of Demand Draft dated 03.06.2017 bearing No.502181 drawn on ICICI Bank Limited, and a sum of Rs.6,00,00/- by way of Demand Draft dated 03.06.2017 bearing No.631954, drawn on Karur Vysya Bank, to the second respondent. The second respondent/ defacto complainant has also stated in her affidavit that in view of the compromise, the proceedings in C.C.No.54 of 2015 on the file of the Judicial Magistrate, Sirkali may be quashed.

3.Both the parties are present and their identities have been verified.

4.The affidavits filed by the first petitioner and the second respondent are recorded. In view of the above affidavits filed by the first petitioner and the second respondent, the proceedings in C.C.No.54 of 2015 on the file of the Judicial Magistrate, Sirkali is quashed, and the Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar KM To

1. The Inspector of Police, All Women Police Station, Sirkali.

2. The Judicial Magistrate, Sirkali.

3. The Public Prosecutor, Madras High Court, Chennai-600 104.

+1 CC to M/s. P. Haribabu, Advocate sr 41528 Crl.O.P.No.25424 of 2016 NRI(CO) sp/20/6 https://hcservices.ecourts.gov.in/hcservices/