Madras High CourtCRL OP/23776/2021dismissed as infructuous

K.Sellamuthu v. A.Ponnusamy

2022-06-27Honourable Mr Justice Sathi Kumar Sukumara Kurup2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2022

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.No.23776 of 2021 and Crl.M.P.Nos.13092 & 13093 of 2021 K.Sellamuthu

...Petitioner/Accused

Vs.

A.Ponnusamy

...Respondent/Defacto Complainant

Prayer: This Criminal Original Petition had been filed under Section 482 of Criminal Procedure Code to set aside the order dated 21.10.2021 passed by the learned District Munsif cum Judicial Magistrate, Edappadi in C.M.P.No.1535 of 2021 in C.C.No.98 of 2020.

For Petitioner : Mr.V.Parthiban For Respondent : Mr.M.Senthilkumar

ORDER

This Criminal Original Petition had been filed to set aside the order dated 21.10.2021 passed by the learned District Munsif cum Judicial Magistrate, Edappadi in C.M.P.No.1535 of 2021 in C.C.No.98 of 2020.

2. It is the case of the learned Counsel for the Petitioner/Accused that the petitioner had filed a Petition in C.M.P.No.1535 of 2020 in C.C.No.98 of 2020 under Section 65(B) of the Indian Evidence Act, seeking to furnish records relating to discussion between the Petitioner herein and the Respondent. After due enquiry the learned District Munsif cum Judicial Magistrate, Edappadi had dismissed the Petition. Aggrieved by the same, the Accused had approached this Court by filing this Petition invoking the powers of this Court under Section 482 of Cr.P.C.

3. When the case came up for hearing on earlier occasion (i.e, on 13.06.2022) both side parties took time to settle the matter amicably. Therefore, this Court had repeatedly granted

adjournment.

4.Today (i.e, 27.06.2022), when the case came up for hearing the learned Counsel for the Petitioner submitted that the complaint in C.C.No.98 of 2020 was dismissed by the learned District Munsif cum Judicial Magistrate, Edappadi stating that the parties had arrived at amicable settlement and as per settlement in Lok Adalat dated 12.03.2022, the Respondent/ complainant had received Rs.10,000/- from the Petitioner/Accused and the balance amount to be paid within a period of three months with that direction the complaint had dismissed. Therefore, the learned Counsel for the Petitioner had submitted that this Petition had became infructuous since the C.C.No.90 of 2020 itself was dismissed by the learned District Munsif cum Judicial Magistrate, Edappadi. He had furnished the status report uploaded on the website of the Court as proof.

5. Based on the submissions of the learned Counsel for the Petitioner this Criminal Original Petition is dismissed as infructuous. Consequently, connected miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar tri To The Judicial District Munsif cum Judicial Magistrate, Edappadi +1cc to M/s.M.Senthilkumar, Advocate, S.R.No.40554 Crl.O.P.No.23776 of 2021 and Crl.M.P.Nos.13092 & 13093 of 2021 PMK(CO) RGA(15/07/2022)