Sathiyamoorthy, v. State By Sub-Inspector Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2016

CORAM

THE HONOURABLE MS.JUSTICE R. MALA CRL.O.P.No.2575 of 2016

1. Sathiyamoorthy

2. Jayanthi

3. Sundarambal

4. Gobinath

5. Ramesh

6. Dhilipkumar

7. Raja

8. Govindaraj

9. Baskaran 10.D.Deepa 11.Rajammal 12.Kalaivani 13.Kannan ... Petitioners/Accused 1 to 13 . Vs .

1. The State by, Sub-Inspector of Police, District Crime Branch, Namakkal, Namakkal District.

Crime No.15 of 2010.

...1st Respondent/Complainant

2. P.S.Kandasamy ...2ndRespondent/Defacto Complainant Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records and quash the criminal proceedings in C.C.No.1 of 2015 on the file of the learned Judicial Magistrate, Thiruchengode.

For Petitioners :

Mr.K.M.Subharamaniam For R-1 :

Mr.C.Emalias, Additional Public Prosecutor

ORDER

This petition has been filed by the petitioners seeking to quash the criminal proceedings in C.C.No.1 of 2015 pending on the file of the learned Judicial Magistrate, Thiruchengode. https://hcservices.ecourts.gov.in/hcservices/

2. Heard the learned counsel appearing for the petitioner as well as the learned Additional Public Prosecutor appearing for the first respondent.

3. It is seen that the alleged offence attributed against the petitioners is under Sections 120-B, 467, 468, 471, 419 and 420 r/w. 120-B of the Indian Penal Code. When the matter is taken up for hearing, the first petitioner and the second respondent appeared in person and their identification is also verified by this Court. The learned counsel appearing for the petitioner has produced a original Deed of compromise stating that since the matter has been compromised, the second respondent agreed to withdraw the above said case in C.C.No.1 of 2015 pending on the file of the learned Judicial Magistrate, Thiruchengode. The second respondent/De facto complainant has also accepted the terms of the compromise.

4. Considering the nature of allegation and also considering the compromise entered into between both the parties, this Court is of the opinion that no useful purpose would be served by keeping the matter pending. Therefore, the criminal proceedings in C.C.No.1 of 2015 pending on the file of the learned Judicial Magistrate, Thiruchengode, is, hereby, quashed and this Criminal Original Petition is allowed accordingly. The original deed of compromise shall form part of the order of this Court.

*Xerox copy of Terms of Compromise deed is enclosed herewith.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To

1. The Judicial Magistrate, Thiruchengode.

2. The Sub-Inspector of Police, District Crime Branch, Namakkal, Namakkal District.

3. The Public Prosecutor, High Court, Madras.

+1cc to M/s.K.M.Subramaniam, Advocate, S.R.No.8960 CRL.O.P.No.2575 of 2016 ca[co] srg 18/03/2016 https://hcservices.ecourts.gov.in/hcservices/