Suresh v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.19975 of 2023 1.Suresh, M/A-35 Y S/o.Sundaresan 2.Murugan, M/40 Y S/o.Mailvaganam 3.Sundar (JULA), M/34 Y S/o.Dhamodhiran .. Petitioners/Accused No.1 to 3 .Vs.

1.The State rep. By The Inspector of Police Thirupattur Town Police Station Vellore District.

. . 1st Respondent /Complainant 2.R.A.Ramesh Advocate President of Advocate Bar Association Thirupattur Vellore District.

..2nd Respondent/De facto Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records pending on the file of the learned Judicial Magistrate No.I, Thirupattur District in PRC No.6 of 2023 and quash the criminal proceedings.

For Petitioners : Mr.E.Kannadasan For Respondents : Mr.A.Damodaran Additional Public Prosecutor for R1

ORDER

This Criminal Original Petition has been challenging the proceedings pending in PRC No.6 of 2023, on the file of the Judicial Magistrate No.I, Thirupattur District, on the ground that the matter has been settled between the parties. 2.The final report has been filed for offence u/s.294(b), 447 IPC r/w Section 3 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act, 1992. The 2nd respondent / de facto complainant was present before this Court and he stated that the matter has been compromised between the parties and that he leaves it to this Court to pass further orders.

3.Taking into consideration the facts and circumstances of the case and also of the fact that the matter has been compromised between the parties and the case falls within the scope of the judgements of the Hon'ble Supreme Court in (Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath) reported in (2017) 9 SCC 641 and in The State of Madhya Pradesh v. Dhruv Gurjar and Another reported in (2019) 2 MLJ Crl 10, this Court is inclined to quash the proceedings in PRC No.6 of 2023, on the file of the Judicial Magistrate No.I, Thirupattur District.

4.In the result, the proceedings in PRC No.6 of 2023, on the file of the Judicial Magistrate No.I, Thirupattur District, is hereby quashed and this criminal original petition stands allowed.

20.09.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order KP To

1. The Inspector of Police Thirupattur Town Police Station Vellore District.

2.R.A.Ramesh Advocate President of Advocate Bar Association Thirupattur Vellore District.

3.Judicial Magistrate No.I, Thirupattur District.

4.Public Prosecutor High Court of Madras.

N. ANAND VENKATESH, . J.

KP Crl.O.P No.19975 of 2023 20.09.2023